D alli DAMAGE

D.
D. Tbe fourth letter of the English al· Da tua dum tua Bunt, post mortem
phabet. It is used a.s an abbreviation fo
. r a tunc tua non sunt. 3 BuIst. 18. Give the
number of words, the mor� important;':' and things which are yours whilst they are yours;
usual of which are as follows: after death they are not yours.
1. IJigestutn, or Digesta, that is. the Di4
DABIS? DABO. Lat. (Will you give?
gest or Pandects in the Justinian collections
I will give.) In the Roman law. que of.
of the civil law. Citations to this work are
the forms of making a verbal stipulation.
someti mes indicated by this abbreviation,
lnst. 3, 15. 1; Bract. fol. 15b.
but more commonly by "Dig."
2. Dictum. A remark or observation, as DACION. In Spanish law. The real
in the pbrase "obiter dictum," (q. 'll.) and effective delivery of an object in tbe ex­
3. JJem'issione. "On the demise." An ac� ecution of a contract.
tion of ejectment is entitled" Doe d. Stiles v.
DAGGE. A kiad of gun. 1 How. State
Hoe;" that is, "Doe, on the demise of Stiles.
Tr. 1124, 1125.
against Roe."
4. "Doctor." As in the abbreviated forms DAGUS, UL' vAIS. Tbe raised floor at E
of certain academical degrees. "M. D ".•
the upper end of a hall.

"doctor of medicine;" "LL.D .• " "doctor ot DAILY. Every day; every day in the
laws;" "D. C. L .• " "doctor of civil law." week; every day in the week except one. A
5. "Dist7'ict." Thus. "U. S. Cir. Ct. W. newspaper which is published six days in F
D. Pa." stands for "United States Circuit each week is a"daily" newspaper. 45 Cal.
Court for the 'Western District of Pennsyl­ 30.
vania."
D AR E R , or D IRER. Ten hides.
6. "Dialogue." Used only in citations to
the work called"Doctor and Student."
Blount. G
DALE and SALE. Fictitious names of
D. In the Homan s),stf>m of notation,
places, used in the English books, as exam­
tbis letter stands for Ove hundred; and, when
ples. "The manor of Dale and the manor of
a horizontal dash or stroke is plated above
it, it denotes fi va thousand.
Sale. lying both iu Yale."
H
DALUS, DAILUS, DAILIA. A certain
D. B. E. An abbreviation for de be'l'1,e
measure of law..!; such narrow slips of past­
esse, (q. �.)
ure as are left between the plowed furrows
D. B. N. An abbreviation for de bonis iu anJ.Ll� lcUlrl. Cuwtlll,
non,. descriptive of a species of administra­ I
DAM. A construction of wood, stone, or
tion.
other materials, made across a stream for the
D. C . An abbreviation standing either purpose of pen niog back the waters.
for "District Court" or "District of Colum­ This word is used in two different senses.
bia." It properly means the work or stl'uclure. J
raised to obstruct the (low of the water in a
D. E. R. I. C. An abbreviation used for
river; but. by a wdl-st,tLled usage. it is often
De ea 1'e ita eensu,e1"e, (concerning that mat­
applied to deSignate the pond of water creat.
ter have so decreed.) in recording the decrees
of the Roman senate. Tay!. Civil Law. 564.
ed by t�is obstruction.
See. also, 44 N. H. 78.
19 N. J. Eq. 248.
K
566.

D . J. An, abbreviation for "District DAMAGE. Loss. injury, or deteriora­

Judge. " tion, caused by the negligence. design. or ac­

D. P. An abbreviation for DomUlJ Prlr

cident of one person to another, in respect of
the latter's person or property. The word is
L
cerum, the house of lords.
to be distinguished from its plural.-"dam.
D. S. An abbreviation for "DeputySher­ ages," - which means a compensation in
iff. " :noney for a loss or damage.

D. S. B. An abbreviation fef.' debitum

An injury produces a. right in them who have M
suffered any dumage by it to demand reparation of
line brevi, or debit sans b1'ev8. such damage from the authors of the WJury., By
 DAMAGE-CLEER 816 DAMAGES ULTRA

damage, we understand every 108s or diminution
of what is a mnn's own, occasioned by the fault ot
Rnother. 1 Ruth. lnaL 399.
DAMAGE·CLEER. A tee assessed of
the tenth part In the common pleas. and the
twentieth purt in the queen's bench and ex­
chequer. out of aU damages exceeding five
marks recovered in those courts, in actions
upon the case, covenant, trespass, etc.,
wherein the damages were uncertain; which
the plaintiff was obliged to pay to the pro­
thonotary or the odicer of the court wherein
he recovered. before he could have execution
for t.he damages. This was originaUy a gra­
tuity given to the prothonotaries and their
clerks for drawing special writs and plead­
Ings; but it WilS taken away by statute, since
which, if any officer in these courts took any
money in the name of damage-cleer, or any�
thing in lieu thereof, he forfeited treble the
value. Wharton.
Damages are either general or tlpecial.
Damages for losses which necessarily result
from the wrong sued for are called" general"
damages, and may be shown under the ad
damnum. Of general allegation of damagei
for the defendant does not need notice at
Buch consequences to anaule him to make
his defense; he knows that they must exist.
and will be in evidollce. But if certain 10ssel
do not necessarily result. from defAndant'l
wrongful act, but, in fact. follow it as a
natural and proximate consequence in the
particular case. they <lre called"special," and
must be specially alleged, that the defendant
may bave notice and be prepared to go into
tbe inquiry. 28 Conn. 201, 212.
"General n damages are such as the law pr&­
sumes to Bow from any tortious act, a.nd ma.y be
recovered without proof of any amount. "SpecIal"
damages arc suoh as actually flowed from the act,
Bod must be proved in order to be recovered.
Code Ga. 1882, § 3070.

Damages may also be classed as direct and

DAMAGE FEASANT or FAISANT.
cow;eqtumtial. "Di-ect" damages are such
Doing damage. A term applied to a person's
as follow immediably upon the act done.
cattle or beasts found upon another's land,
"Consequential" damages are sucb as are the
doing damage by treading down the grass,
necessary and connected. effect of the tortious
grain, etc. 3 HI. Comm. 7, 211; Tomlins.
act, though to some extent depenuing upon
This phrase seems to have been introduced
in the reign of Edward III., in place of the
other circumslances. Code Ga. 1882. § 3071.
Another division of damages is into liqui­
ollieI' expression" en son damage," (in damno
dated and unliqfl,idated,. the former term
suo.) Crabb, Eng. Law, 292.
being applicable "'ben the amount thereat
DAMAGED GOODS. Goods, subject to bas been nscertained by the judgment in the
duties. which bave received some injury action or by the specific agreement of the
either in the voyage borne or wblle bonded parties; while the latter denotes such dam.
in warehouse. ages 'IS are not yet reduced to a certainty in
respect. of amount. nothing more bl'ing osta!)..
DAMAGES. A pecuniary compensation
lished than the plaintiff's right to recover.
or indemnity, which may be recovered in the
Da.mages are also eitber nominal or ll'Ub­
courts by nny person who bas suffered loss,
st antialj the former ueing trifling iu amount,
detriment, or injury, whether to his person.
and not awarded as compensation for any
property. or rights, through the unlawful act
injury, but merely in recognition of plain­
or omission or nt'gligence of anothef.
tiff's right and its technical infraction by de­
A sum of money assesRed by a jury, on
fendant; while the latter are considerable in
finding for the plni ntiff or successful party in
amount, and intended as real compensation
an netion, as a compensation for the injury
for a real injury
dont" him hy the opposite party. 2 HI. Comm.
Damages are either compensatory or vin·
438; Co. LiLL. 257aj 2 Tidd, Pl'. 869. 870.
dictiV6; the former when nothing more is
Every person who suffers detriment from
allowed than a just and exact equivalent for
the unlawful act or omission of a.nother may
plaintiff's loss or injury; tlle latter when a
recover from the person in fault a compen­
greater sum is given than amouuts to mere
sation therefor in money, which is called
compensation, in order to punish the uefend­
"damages." Civil Code Cal. § 3281; Civil
ant for violence, outrage, or other circum­
Code Dak. § 1940.
stances of aggravation attending the trans!loa
In tbe ancient usage, the word" damages" WIlS
tion. Vindictive damages are also called
employed in two Significations. Aocol'ding to
Coke, its proper and general sense included the
"exemplary" or "punitive."
costs of suit, while its strict 0. relative sense was
DAMAGES ULTRA. Additional dam·
exclusive of costs. to Coke. 116, 117; Co. Litt.
25;(£; 9 East;, 299. 'l'be la.tter meaning bas alone ages claimed by a plaintiff not satisfied wjtb
sUl'vived. those paid into court by the defendant.
 DAMAIOUSE 317 DANGEHS OF THE RIVER

D A M A l O U S E. In old English law. D A M N U M INFECTUM. In Ro ma n

Cau si ng da mage or loss. as disti n guished law. Damage not yet committed. but threat;..
from tOl'celtouse. w rongful. Britt. c. 61. e n ed or i mpending. A prev e nt ive interdict
might be obtained to prevent s uch da m age
DAME. In English law. The legal des­
from ha p pen i ng; and it was treated as a
ignati on of the wife of a kn igh t or baronet.
quasi-delict. because of the i m m in ence of
DAMNA. Dam age s . both inclusive and the danger .
ex cl usi ve of costa.
DAMNUM REI AMISSlE. In the civil
D A M N ATU S . In o ld English law. law. A loss a risi ng from a payment made
Condem ned; proh ibited by law; unla wful . by a party in consequence of an error of law.
Damnatus coitus. an unlawful conne ction . M ackel� . Rom. Law, § 178.

DAMNI INJURllE ACTIO. An ac­ D a m n u m sine injurHL esse poteat.

tion given by the civil law for the damage
d one by one wbo i n tenti unally inj ured tho
slave or beast of anothe r. Cal vin.
DAMNIFICATION. That which caUBes
damage or loss.
DAMNIFY.
rious
To cause d amage
loss to a person.
or inju­
DA M N O S A HlEREDITAS. In the
civil law. A losi ng inheritance; an inherit;..
ance that was a charge, inste ad of a be nefi t.
Dig. 50, 16, 119.
The term bas (llso b een appl ied to that
species of property of a bankrupt wh ich, so
far from bei ng val uable. would be a cha rge
to the creditorsj for example, a ter m of y ears
where tho rent would exceed the revenue.
7 East, 342; 3 C am p. 340; 1 EBp. N. P. 2�4.
DAMNUM. Lat. In the civil law.
Damagej the loss or diminution of what Js a
manls own, either by fX,aud, ca re lessness . or
accident.
In ple a din g and old English la.w.
Damage i loss .
DAMNUM ABSQUE INJURIA.
losswhich does not giv e rise to an acti on of
damages against the person causing it; as
where a person blocks up the wi ndows of a
new house o ve rl oo ki ng his hU1l1, or injures a
person's trade by setting ltp an establishmelLt
of the same kind in the nei ghbo rhood.
Broom, COlD. Law, 75.
DAMNUM FATALE. In the c i v i l law.
Fatal damage; dam age fL'Om fa t e; loss hap�
peni n g from a cause beyond human control.
(quod ex fa to contin!/it.) or an act of God,
and for which bai lee s are not liable; such as
Shi pwre ck, li g h t ni ng . and the like. Dig. 4,
9,3,1; Story, Bailm. § 465.
The civilians includea in the phraa,e IIdmnnum
fatale" a.1l those accidents which are summed up
in the common-law expression. "Act ot God or
public enemies;" though, parha.pa" it embraced
some which would not now be admitted as OCour
ring trom a.n irresistiblo force. 8 Black!, 535.
LotIt. 112. There may be da mage or injury
i nflicted without allY act of i n j usti ce.
DAN. AnCien tly tbe better Bort of men
in E ngla n d bad this title; so Lhe Spanish Don.
T he old term of honor for men, as we now
Bay Mas ter or Mister. Wharton .
DANEGELT, DANEGELD. A tribute
E
of Is. and afterwards of 28. u ponevery hide
of land t hr ou g h the realm. levied by the An­
glo -Sax ons . for mai ntai ni ng such a number
F
o( fo rces as were tho u ght sufficient to clear
the British seas of Danish pirates, who great;..
ly annoyed their coasts. It continued a tax
until the time of Stephen, and was one ot
G
the ri ghts of the crown. ·Wharton.
DANELAGE. A syste m of laws intro­
duced by thli Danea on their invasion and
conquest of England. and wliich was prin­
cipally ma i ntai ne d in some of the midlanu
cOllnti es. and also on the eastern coast. 1 Bl. H
Comm. o5j 4 Bl. Corum. 411j 1 Steph. Comm.
42.
DANGERIA. In old English law. A
m o ney payment made by forest-lenants. lhat
A they might have liberty to plOW and sow
in t i me of pannage, or masl fceLling.
DANGEROUS WEAPON. One dan­
gerous to life; one by the use of which a fatal J
wound may probably or possibly be gi ven. As
the manner of us e enttlrs into t he considera�
tion as well as oth el" circumstances, the ques­
ti o n is for the jurj.
K
DANGERS OF THE RIVER. T hi s
phrase, as used in bills of lad i ng . m eans o n ly
the natural accidents incident to river navi­
gation, and does Dot e mbrace such as m ay be
avoid ed by the exercise of that skill, judg� l
ment. or foresight which are demanded from
persons in a particular oc cupation. 35 Mo.
213. It includes dangers arisiug fro m un�
known reefs which have suddenly formed in M
­ the uhannel, and are not discoverable by care
and skill. 17 Fed. Hep. 478.
 DANGERS OF THE ROA.D 318 DATION EN PAIEMENT

DANGERS OF THE ROAD. Th is DARREIN PRESENTMENT. 1. Fr.

phrase. in a biI1 of lading, when it refers to
inland transportation, means such dangers
as are immediately caused by roads, as the
oVl:rturning of carria ges in nough and pre·
cipilous places. 7 Exch. 743.
DANGERS OF THE SEA. The ex­
pression "dangers of the sea" means those
accidents ppculiar to navigation that Hra of
an extraordinary nature. or arise from ina­
sistib la force or overwhelming power. which
cannot be guarded against by the ordinary
exertions of human skill and prudence. 32
J. Law, 320.
The expression is equivocal. It is capable of be-
lng interpreted to mean all dangers that arise
upon the seas; or may be l'estricted to perils which .
arise directly and exclusively from the sea, or at :
which it is tbe efficient cause, In insuru.nce pOlio
cles, it may bave the wider meaning j but in char-
tar-parties, an exception, introduced to limit the
obligation of the charterer to return the vessel, of
da.ngers of the seas, should be construed, since the
charterer has possession, against him, and con-
tined to the limited sense. Thus construed, it does
not include destruction of the vessel by ilre. 8 given or specified j time in some way ascertained
Ware. 215. 2 Curt. 8.
DANISM. The act of lending money on
usury.
DANO. In Spanish law. Damage; t he
deterioration, injury. or destruction which a
man suffers with respect to his person or his
property by the fault (culpa) of another.
Wbite, New Recop. b. 2, ti t. 19. c. 3, § 1.
Dans at r etinens, nihil dat. One who
gives and yet retains does not give etIectual­
In old English law. The last presentment.
See ASSISE OF' DARREIN PRESENTlIlENT.
DARREIN SEISIN. (L. Fr. La.<t .olo­
i n.) .A. plea which lay in 80me cases for
the tenant in'a writ of right. See 1 Rose.
Heal Act. 206.
DATA. In old practice and conveyanc.­
ing. The date of a deed; the time when U
was gi'ven; that is. executed.
Grounds whereon to proceed; facta from
wllich to draw a conclusion.
DATE. Tile specification or mention, In
a written instrument, of the time (day and
year) wilen it was made. Also the time so
specified
. . .
That part of a deed or WritlDg WhICh ex­
presses the day or the month and year in
which it was made or given. 2 B1. Comm.
304- Tomlins .
'
'l'he primary signIfication of date is not time in
the a.bstract, nor time taken absolutely, but time
and fixed. When we speak of the date of a deed.,
we do not mean the time when it WaR actually ex­
ecmted, but the time of its execution, as given or
stated in the deed itself. The date of an item, or
of a charge in a. book-account, is not necessarily
the time when the article charged was, in fac�
furnished, but rather the time given or set dowu
in the account, in connection with such charge.
And �o the expression "the date of the last work
done, or materials furnished," in a mechanic's lien
law, may be taken, in the absence of anything in
the act indicating a different intention, to mean
the time when such work was done or materials
furnished, as specified in the plaintiff's written

ly. Tray. Lat. Max. 129. Or. one who gives, cla.im. 82 N. J. Law, 518.

yet retains, [possession,] gives nothing. DATE CERTAINE. In French law.

DAPIFER. A steward either of a king A deed is said to have a date ce1'taine (fixed

or lord. Spelman. date) when it has been subjected to the for·

mality of registration; after tbis formality
DARE. In the civil law. To transfer has been com plied wiLh, the parties to the
property. When this transfer is made in or­ deed cannaL by mutual consent change the
der to discharge a debt, it is datio solvendi date thereof. Arg. Fr. Mere. Law, 555.
animo; when in order to receivE' an equiva­
lent, to create an obligation, it is datio con­ DATIO. In th e civil l aw. A g i ving, or
t1'ahendi animo; lastly, when made donandi act of giving.- Datio in sOltt.tum; a giving
animo, from mere liberality, it is a gift, dono in payment; a species of accord and satisfac­
datto. tion. Called, in modern law, Ildation."
DARE AD REMANENTIAM. Togive DATION. In Lhe civil law. A gift ; •
away in fee, or fore ver. giving of something. It is not exactly syn­
onymous with "donation." for the latter
DARRAIGN. To cl ear 8 legal account; implies generosity or liberality in making a
to answer an accusation; to settle a contro� gift, while dation may mean the g iving ot
versy.
Bornel-bing to w hich t he reCip i ent :ia already
DARREIN. L. Fr. Last. entitled .

DARREIN CONTINUANCE. L. Fr. DATION EN PAIEMENT. In Fronch

In pr actice. The last continuance. law. A giving by the debtor and receipt by
 DATION EN PAIEMENT 819 DAYS OF GHACE

the creditor of something in payment ot a parties in court, the return of. writs, etc. See
debt. instead of a sum of money. DAYS IN BANK.
It is somewhat like the accord and satis­ The whole of a term of court Is considered as

taction of the common law. 16 Toullier, one day; and, by a. legal fiction, the time between
the submission a.nd decision of a cause is also con­
no. 45; Poth. Vente, no. 601.
sidered as but one day; so that, although a party

DATIVE. A word deri ved from the Ro­ to an action may die between the time of the de­
cision in the cause by the supreme court of a state
man law, signifying "appointed by public
and the filing or the mandato of the supreme court
authority." Thus. in Scotland. an executor­ of the United States reversing that deCision, DO
dative is an executor apPointed by a court of change of parties in the state court i s necessary
justice, corresponding to an English admin­ before carrying the mandate into etrect. 18 Ark.
65B.
ist,·ator. Mozley & Whitley.
In old English law. In one's gilt; that DAY-BOOK. A tradesillan's accuunl
may be given and disposed of at will and book; a book in which all the occurrences of
pleasure. the day are set down. It is USU(1Uy a book
of original entries.
DATUM. A first principle; 8 thing givenj
& date. DAYERIA. A dairy. Cowell.

DATUR DIGNIORI. It is given to the DAYLIGHT. That portion of time bo­

'IIore worthy. 2 Vent. 268. fore sunrise, and after sunset, which is ac·
counted part of the day, (as distinguished
E
DAUGHTER. An immediate femaled�
lCendant.
from night,) in defining the offense of burg­
lary. 4 Bl. Comm. 224; Cro. Jac. 106.
DAUGHTER-IN-LAW, The wife or
one's son. DAY-RULE,
glish law.
or DAY-WRIT.
A permission granted t o
In En­
a pris­
F
DAUPHIN. In French law. The title
oner to go out of prison, for the purpose of
of the eldest sons of the kings of France.
transacting his business. as to hear a case in
Disused since 1830.
which he is concerned at the assizes, etc.
DAY. A period of time conSisting of Abolished by 5 & 6 Viet. c. 22. § 12. G
twenty-four hours, and including the solar
DAYS IN BANK. ( L. Lat. dies in
day and the night. Co. Litt. 135a,. Bract.
banco.) In practice. Certain stated days in
101. 264.
term appoin ted for the appearance of parties.
Tile space of time which elapses between
two successive midnight'. 2 Bl. Comm. 141.
the return of process, etc., originally peculiar
H
to tue court of common bench, or bench,
'I'hat pOl,tion of time during which the
(bank,) as it was anciently called. 3 Hi.
sun is above the horizon, (called, somet.imes,
Corum. 277.
a "solar" day,) and, in addition, tbat part of
tho morning or evening during which suf­
ficient of his light is above for the features of
DAYS OF GRACE. A number of days
allowed, as a matter of favor or g1'ace, to a
I
a man to be reasonably discerned. Blust. 63; person who has to perform some act, or make
9 Mass. 154. some payment, after the time originally lim-
The term may also denote an artificial ited for the purpose h,lS elapsed.
period of time, computed from one fixed In old practice. Three days allowed to J
po:nt to another twenty-four hOllrs later, persons summoned in the English courts. be­
withollt any reference to tbe prevalence of yond the day named in the w ri t, to make
tight or darkness. their appearancei th� last dny being called
'l'he word is sometimes used, in jurisprudence, the "quaTto dfepost." B HI. Comm. 278.
m its astronomical sense of the space 01 time in
In mercantile law. A certain !lumberof
K
which the earth makes ODe revolution UpOD its
axis i or of the time between ODe midnight and days (generally three) allowed to the maker
the next; sometimes, in the popular sense, of the or acceptor of a bill, draft, or note, in which
�ime between sunrise and sunset; a.nd sometimes, to make payment, after the expiration of the
in a conventional sense, of those hours or that re­
curring time which is by usage or law allotted to
time expressed in the paper Itse1f. Origi. l
ILnd deemed sufficient for the discharge of some
nally these days were granted only as a mat­
duty or performance of some business i as where ter of grace or favor. but the allowance of
one speaks of a. day'S work, the whole of a. busi­ them became au established custom of mer.
caS8 day, et<::. Abbott..
chants, and was sanctioned by the Murts,
In pra.ctice Bnd pleading. A particular (and in some cases prescribed by statute.) so M
time aS1Jigned or givell for the appearance of that they are now demanda ble as of right.
 DAYSMAN 320 DE ARDITRA'l'IONE FACTA

DAYSMAN. An arbitrator, umpire, or DE ALLOCATIONE FA C I E N DA,

eJected judge. Cowell. Breve. Writ for making an allowance. An
old writ directed to the lord treasurer lind
DAY-TIME. The time during which
barons of the eXChequer, for allowing certain
there is the light of day, as distinguished
officers (as collectors of customs) in their ac­
from night or night-time. That podiou of
couuts certain payments made by them.
the twenty-four hours during which a man's
neg. Orig. 192.
person and countenance are distinguislwble.
9 Mass. 154; I Car. &, P. 297. DE ALTO ET BASSO. Of high and
In law, this term is chiefly used in the low. A phrase anciently used to denote the
definition of certain crimes, as to which it is absolute submission of all differences to arbi.
material whether the act was committed by tration. Cowell.
day or by night. DE AMBITU. Lat. Concerning brib.
ery. A phrase descriptive of the subject-mat�
DAYWERE. In old English law. A
ter of several of the Homan laws; as the Lex
term applied to land. and signifying as much
dujldia, the Lex Pompeia, the Lex 1'ullia.
arable ground as could be plowed up In one
and others. See AMBITUS.
day's work. Cowell.
DE AMPLIORI GRATIA. Of mOl'e
DE. A Latin preposition, signifying ofi abundant or especial grace. Townsh. PI.IS.
by; from; out of; affecting; concerning;
respecting. DE ANNO BISSEXTILI. Of the bis­
sextile or leap year. The title of a statute
DE ACQUIRENDO RERUM DOMI­ passed in the twenty-fin�t year of Henry ill.,
NIO. Of (about) acquiring the ownership which in fact, however. is nothing more thnn
ot thing.. Dig. n, I; Bract. lib. 2, fol. 8b. a sort of writ or direction to the justices of
the bench, instructing them how the ex·
DE ADMENSURATIONE. Of admeas­
traordinary day in the leap year was to be
urement. Til u8, de admensuratione dotis
reckoned in cases where persons had a day
was a writ for the admeasllrement oC dower.
to appear at the distance of a year, as on Lhe
and de admensumtione pastura was a writ
essoin de malo lecti. and the like. It was
for the admeasurement of pasture.
thereby directed that the additional day
should, togC:'ther with that which went be·
DE ADVISAMENTO C O N S I LI I
fore. be reckoned only as one, and so, of
NOSTRI. L. Lat. With 01' by the advice
COlll'se. within the preceding year. 1 Re�ve.
of our council. .A. phrase used in the old
Eng. Law, 266.
writs of summons to parliament. Crabb.
Eng. Law, 240. DE ANNUA PENSIONE, B,·e"e. Writ
ofanntlal pension. An ancient wriL by which
DE lEQUITATE. In eqllity. De jure
the king, having a yearly pension due him
st1'icto, nihil possum 'Dendica1'e, de a:quitale
out of an abbey or priory for any of his chap­
tamen, nullo modo hoc obtinet; in strict
lains, demnnc1ed tbe same of the aubot or
law, I can claim nothing. but in equity this
prior, fol' t.he person named in the writ.
by no means obtains. Fleta, lib. 3, c. 2.
Reg. Orig. 265b, 307; Fitzh. Nat. Brev. 231 G.
p O.
DE ANNUO REDITU. For a yearly
DE lESTIMATO. In Roman I.w. One
rent. A. writ to recover an annUity, no mat­
of the innominate contracts, and, in effect, a
ter how payable, in goods or money. 2 Reeve,
sale of land or goods at a price fix�J, (resti­
Eng. La \v. 258.
mato,) and guaranLied by some third parLy.
who undertook to find a purchaser. DE APOSTATA CAPIENDO, Breve.
\Vrit for tnking an apostate. A. writ which
DE lETATE PROBANDA. For prov_ anciently lay against one who. having en­
ing age. A writ which formerly lay to 8um�
tered and professed some order of rtlligiou,
mon a jury in ol'd�r to determine the age of
left it and wandered up and down Lhe coun·
the heir of a tenant in capite who claimed try. contrary to the rules of his order. com�
his esLate as being of full age. Fitzh. Nat.
manding the sheriff to apprehend him and
Drev. 257; Reg. Orig. 294. deliver him again to his abbot or prior. Reg.
Orig. 7l b
. 267; Fitzb. Nat. Brav. 233,234.
DE ALEATORIBUS. About gamesters.
The Ilame of a title in the Pandects. Dig. DE ARBITRATIONE FACTA. (I.ato
H, 5. or arbitration had.) A writ formerly used
 DE AHHESTANDIS. ETC. 321 DE BONIS NON AMOVENDIS

when an action was bronght for a cause DE AVERIIS RETORNANDIS. Yor

which had been settled by arbitration. Wats. returning the cattle. A term applied to
Arb. 256. pledges g iv en in tile old action of replevin.
2 Heeve, Eng. Law, 177.
DE ARRESTANDIS BONIS NE DIS­
SIPENTUR. An old writ which lay to DE BANCO. Of the bench. A term
seize goods in the hands of a parLy during formerly appl ied in England to the jus­
the pendency of a suit, to prevent their be­ tices of the cou'rt of common pl eas, or
iog made away with. Reg. Orig. 126b. " ben ch, lJ as i t was originally sty l ed.

DE BENE ESSE, Conditionally; pro­

DE ARRESTANDO IPSUM QUI PE­
A writ which Jay visionally; in anticipation of future need. A
CUNIAM RECEPIT.
phrase applied to procee din gs Wllich are t aken
for the arrest of one who bad taken the king's
ex pa1'te or provisionally, and are allowed to
money to serve in the war, and bid himself
to e,cape going. Heg. Orig. 24b. stand as well done for the prese n t , but which
may be subject to future exception or chal­
DE ARTE ET PARTE. or art and lenge, and must then sLand or fall accoraiug
part. .A phrase in old Scotch law. to their intrinsic merit and regularity.
Thus, "in ccrtn.in cases, the courts will allow ev­
DE ASPORTATIS RELIGIOSORUM. idence to be taken out of the regular course, in or-.
Concerning the p rope rty of religious persons del' to prevent the evidence being lost by the death

carried away. The title of the statute 35 Ed� or the absence of the witness. This is called 'tak-
a
E
ing evidence de bene esse,' and is looked upon as
ward 1. passed to check the <l.buses of cler­ tcmpol'ary and conditional examination, to bo used
ical possessions, one of Which was the waste only in case tho witness cannot afterwards be ex­
they suffered by being drainl'd into foreign amined in the suit in the regular way," Hunt,
Eq, 75; Haynes, Eq. 183; Mitf. Eq. PI. 52, 149.
countries.
580.
2 Reeve, Eng. Law, 157; 2 Io!)t.
F
DE BIEN ET DE MAL. L. Fr. For
good' <lnd evil. A p hrase by which a party
DE ASSISA PROROGANDA. (Lat.
accused of a crim e ancien tly put himself up-
For proroguing a ssise. ) A wr it to put off an
assise, issuing to the justices, where on e of on a jury, indicating his entire submission

the parties is engaged in tbe service of tbe to their verdict. G

king. DE BIENS LE MORT. L. Fr. Of the
goods of the deceased. Dyer, 32.
DE ATTORNATO RECIPIENDO. A
writ which lay to the judge s of a court, re­ DE BIGAMIS. Concerning men twice
quiring them ro receiYe and admit an attor­ married. The title of the stat ute 4 E dw , 1. H
ney for a purty. Reg. Orig, 172; Fitzh . Nat. tit. S; so c al l ed from the initial words of the
Brev. 15(->' fifth chapter. 2 lnst . 272; 2 Reeve, Eng.
Law. 142.
DE AUDIENDO ET TERMINANDO.
For hearing and determining; to hear and DE BONE MEMORIE. L. Fr. Of I
determine. The name of a writ, or rather go o d memory; ot sound mind. 2 lust. 510.
commission granted to certain justices to hear DE BONIS ASPORTATIS. For goodB
and determine cases of heinous misdem e nn o r, taken a wa y; for taking away goods. The
trespass. riotous breach of the peace,
Heg. Orig. 123. et seq.; Fitzh. Nat. Br e v.
etc. action of trespass for taking pel 'soll:-11 prop . J
er ty is technically called "trespass de bQniJ
110 B. See OYER AND TERllINER. asportatis." 1 Tidd, Pl'. 5.

DE AVERIIS CAPTIS IN WITHER­ DE BONIS NON. An abbreviation of

NAMIUM.
ernam.
Writ for taking cattle in with­
A writ w h ich lay where the sheriff
De bonis non administ1'atia,( q. 'D.) 1 Strange.
34.
K
retnrned to a plu1'ies writ of replevin that
DE BONIS NON ADMINISTRATIS.
the caWe or goods, etc., were eloined, etc.; Of the goods not administered. When all ad­
by which he was commanded to take the ministrator is appointed to succeod another,
catLIe of the defendant in withernam, (or re­ who 1H1.S left the estate parti a lly unsettled, he l
prisal,) aUlI detain them until he could re­ is said �o be granted "administration de bonis
plevy the otheL' cattle. Heg. Orig. 82; Fitzh. non;" that is. of the goods not al ready ad­
Nat. Brev. n, E. F. See WI1'.l:LEHNAlU.. ministered,

D E AVERIIS REPLEGIANDIS. A DE BONIS NO N AMOVENDIS. M

WrIt to rep le v y beasts. 3 Bl. Comm. 149. Writ for not removing gOOds. A writ an-
.AM.DlCT.LAW-21
 DE BONIS PHOl'lUIS 322 DE CLAUSO FRACTO

Clt:o�ytly du �ted to the sheriffs of Londo� com­ DE CAPITE l\1INUTIS. Oftho,o who
manding them, in cases where a writ of er­ have lost t.heir stat'us, or civil condition.
ror was brought by a defendant against whom Dig. 4. 5 . The name of a title i n the Pan­
a j udgment was recovered, to see that his dects. See CAPI'l'IS DE.mNUTlo.
goods and chattels wero safely l�cpt without
DE CARTIS REDDENDIS. (For re­
bein,q remoced, while the error remained un­
storing charters:) A writ to secnre the de­
determined, �o that eXE::c uti'on might be had
' livery of charters or deeds; a writ of detinue.
of them, etc. Reg. Orig. 131bj Termes de
Reg. Orig. 159b.
1. Ley.
DE CATALLIS REDDENDIS. (For
DE BONIS PROPRIIS. O f bis own restGring chattels.) A writ to secure the
guods. The technical name of a judgment return specifically of chattels detained from
against an administrator or exec utor to be the owner. Cowell.
satisfied from his own property. and not from
'DE C A U T I O N E ADMITTENDA.
the estate of the deceased, as in cases wbere
Writ to take caution or security. A writ
he bas been guilty of a de'oasta.vtt or of a
which ancien tly lay against a bishop who
false plea of ple'ne administra'vit.
held an excommunicated persoD in prison for
DE BONIS TESTATORIS, or IN­ bis contempt, notWithstanding be had of­
TESTATI. Of tbe goods of tbe testator, or fered suffiCient security (idoneam cautionem)
intestate. A term applied to a judgment to obey the commands of the church; com­
awarding execution against the property of a manding him to take such security and re­
testator or intestate. a s distinguished from lease the prisoner. Reg. Orig. 66; Fitzh.
the individual property of his executor or ad­ Nat. Brev. 63, C.
ministrator. 2 Archb. Pro K. B . 14H, 149. DE CERTIFICANDO. A writ requir­
ing a thing to be certified. A kind of cer­
DE BONIS TESTATORIS AC S1.
tiorari. Hog. Orig. 151, 152.
(Lat. From the goods of the testator, if he
has any, and, if not, from those of the execu­ DE CERTIORANDO. A writ for cer­
t01·.) A j udgment rendered where an execu­ tifyi ng. A writ directed to the sheriff, re­
tor falsely pleads any matter as a re1l;'ase. or, quiring him to certify to a particular fact.
generally. i n any case where he is to be Reg. Orig. 24.
charged in case his testator's estate is insuffi­
DE CHAMPERTIA. Writ of cham­
cient. 1 Williams' Saund. 336 b ; Bac. Abr.
perty. A writ directed to the jus tices of the
"Executor," B, 3 ; 2 Archb. Pro K. B. 148.
bench, commanding the enforcem ent of the
DE BONO ET MALO. .. For good and statute of champe1·tors. Reg. Orig. 11)3;
m.1I TheLatin form of the law French phrase Fitzh. Nat. Brav. 172.
"De bien et de mal." In ancient criminal DE CHAR ET DE SANK. L Fr. Of
pleading. this was the expression with which flesh and blood. .Jjfa.irB rechat de char et de
the prisoner put himself upon a jury. indi­ sank. W G!'ns used in clai ming a person to
cating his absolute submission to their ver­ be a villein, in tile time of Edward II. Y.
dict. B. P. 1 Edw. II. p. 4.
This was also the name of the special \,.rit
D E CRIMINO. A writ for the enforce­
of jail delivery formerly i n use in England.
ment of a right of way. Reg. Orig. 155.
which issued for each particular prisoner, of
course. It was superseded by the general DE CIBARIIS UTENDIS. Of victuals
commission of jail delivery. to be used. The tiLie of a sumptuary stat­
ute passed 10 Edw. llI. St. 3, to restrain the
DE BONO GESTU. For good bebavior;
expense of entertainments. Barring. Ob.
for good abearance.
St. 240.
DE ClETERO. Rencefortb_
DE CLAMIA ADMITTENDA IN
DE CALCETO REPARANDO. Writ ITINERE PER ATTORNATUlI1. Se.
for repairing a. causeway. An old writ by CLAl\IIA ADMITTENDA. etc.

which the sheriff was commanded to distrain DE CLARO DIE. By dayligbt. Fleta,
the inhabitants of a place to repair and main­ lib. 2, c. 76, § 8_
tain a causeway, etc. Reg. Orig. 154.
DE CLAUSO FRACTO. Of clOB.
DE CAPITALIBUS DOMINIS FEO­ broken; of breach of close. See CLAUSUM
DI. Of the chief lords at the fee. FREGIT.
 DE CLERllA) ADMIT'l'ENDO 323 DE CURIA CLAUDENDA

DE CLERICO ADMIT TENDO. See DE CONSANGUINEO. and DE CON­

ADMITTENDO CLERICO. SANGUlNITATE. Writs of cosinage.
(q• •• )
DE CLERICO CAPTO PER STATU­
TUM MERCATORIUM DELIBERAN­ DE CONSILIO. In olet criminal law.
DO. Writ for d�livering a clerk arrested o n Of counsel; concerning counsel or advice to
a statute mercbant. A writ for the deliv­ commit a crime. "Fleta, lib. I, c. 31, § 8.
ery of a clerk out of prison, who had been
taken and imprisoned upon the breach of a
DE CONSILIO CURIE. By the rul ­
vice o r direction of the court. Bract. fol.
etatute merchant. Reg. Orig. 147b.
34M.
DE CLERICO CONVICTO DELIB­ DE C O N T l N U A N D O ASSISAM.
ERANDO. See CLERICO Co tiVICTO. etc. Writ to continue an assise. Reg. Orig. 217b.

DE CLERICO INFRA �ACROS OR­ DE CONTUMACE CAPlENDO. Writ

DINES CONSTITUTO NC.N ELIGEN­ for taking a contumacious person. A writ
DO I N OFFICIUM. s,,' CLEIUCO LN­ which issues out of the English court of
'q'HA SACROS. etc:. chancery. in cases where a person has been
pl'onounced by an ecclesiastical court to be
D E C L E R O. Concerning the clergy.
contumacious, and in contempt. Shelf. Mar.
The title of the statute 25 Edw. III. St. 3;
containing a variety of provisions on the sub­
& Div. 494-496, and notes. It is a commit­ E
ment for contempt. Id.
ject of presentations, indictments of spiritual
persons. and the like. 2 Reeve, Eng. Law, DE COPlA LlBELLl DELIBERAN­
378. DA. Writ for delivering the copy of a libel.
DE COMBUSTIONE DOMORUM. A n ancient writ di rected to the j:,alge of a F
Of house burning. One of the kinds of ap­ spiritual court, commanding him to deli'veT
peal formerly in use in England. Bract. fol. to a defendant a copy of the libel filed against
146b; 2 Reeve, Eng. Law. 38. him in such court. Reg. Orig. 58. rrhe writ
in the register is directed to the Dean of
DE COMMUNI DIVlDUNDO. For the Arches. and his commissary. Id.
G
dividing a thing held in common. The name
of an action given by the civil law. Mack­ DE C O R O N A T O R E ELIGENDO.

eld. Rom. Law. § 499. Writ for electing a coroner. A writ issued
to the sheriff in England, commanding him
DE COMON DROIT. L. Fr. Of com­ to proceed to the election of a coroner, wbich
H
mon righ,t ; that is, by the common law. Co. is done in full county coud. the freeholders
Litt. 142a_ being the electors. Sewell. ::5herifts, 372.

DE COMPUTO. Writ of account. A DE CORONATORE EXONERANDO .

writ commanding a defendant to render a Writ for discharging o r removing I
I COi"i:)Der. I
reasonable account to tbe plallltiff, or show .A writ by which a COroner in England may
cause to the contrary. Heg. Orig. 135-138; be removed from ofllce for some cause there­
Fitzh. Nat. Brev. 117. E. The foundation in assigned. }""itzh. Nat. Brev. 163. 164; 1
of the modern action of account. Bl. Comm. 348.
J
DE CONCILlO CURIE. By the ad­ DE CORPORE COMITATUS. From
vice (or direction) of the court. the body of Lhe county at large. as distin ...

guished from a particular nei ghborhood. (de

DE CONFLICTU LEGUM. Concern­
.joineto.) 3 BL Comm. 360.
ing the conflict of laws. The title of se-veral K
works written on that subject. 2 Kent, DE CORRODlO HABENDO. WrU
Cumm. 455. for having a corody. A writ t o exact a cor�
ody from a religious house. Rpg. Orig. 264i
DE CONJUNCTIM FEOFFATlS.
L
Fitzh. Nat. Brev. 230. See CORt)DY.
Concerning persoDa jointly enfeoffed. or
seised. The title of the statute 34 Edw. I., DE CURIA CLAUDENDA. An obso-
which was passed to prevent the delay oc­ lete writ. to require a defendant to fence in
Msioned by tenants i n novel disseisin, and bis court or land about his house, where it
other writs, pleading that Borne ODe else was was left open to the injury of his neighbor'.
se-jsed jointly with them. 2 Reeve, Eng. freehold. 1 Crabb, Real Prop. 314; 6 Mass. M
L'lw. 243. 90.
 DE CURSU 324 DE EJECTIONE FIRMlE

DE CURSU. 01 cou rse. The usual, was distrai ned for rent that ought to be pa id
necessary. and formal proceed ings in a.n ao­ by others proportionably with him. Fitzh,
tion are said to be de CU1'$'U ; as distinguisbed Nat. Brev. 234 ; Termes de la Ley.
fro m summary proceedings, or slIch as are
DE DIE IN DIEM. From day to day.
inci d en tal and may be taken on summons or
Bract. fol . 205b.
motion. Writ de CU1"SU are such as arc issued
of course , as distinguished from prerogative DE DIVERSIS REGULIS JURIS
writs. ANTIQUI. O f divers rules of the anci en t
law. A celebrated t i tle of the Digests, and
DE CUSTODE ADMITTENDO. Writ
the last in that collecLion . It consists of
for adm i tting a guardian. Reg. Orig. 93b,
t wo hundred and eleven rules or maxims.
198.
Dig. 50, 17.
DE CUSTODE AMOVENDO. Writ
DE DOLO MALO. 01 or founded upon
for r em oving 8 guard ian . Reg. Orig. 198.
frau d . Dig. 4, 3. See AOTIO DE DOLO
DE CUSTODIA TERR.IE ET HlERE­ MALO.
DIS, Breve. L. Lat. Writ of ward , or DE D 0 M 0 REPARANDA. A writ
writ of right of ward . A writ which lay rot' which .lay for one tenant in co mm on to com·
a guardi an in knight 's service or in socage. pel his co-tenant to co n trib ute towards the
to recover the possession lo
< nd clistody of the repai r of the com m on property.
Infant. or the wardship of the land and heir.
DE DONIS. Concerning gifts, (or mol'.
Reg. O rig. 161b; Fitzh. Nat. Brev. 139, B ;
fully. de donis conditionalibus. concer ni ng
S ill. Comill. 141.
conditional gifts. ) The nam e of a celebrated
DE DEBITO. A writ ot debt. Reg. Engl i sh s tatu te. passed in t he thirteenth
Orig. 139. year of Ed w. 1., and constituti ng the first
chapter of the statute of. Westm. 2. by v irtue
DE DEBITORE IN PARTES SE­
of which estates in fee-simple conditional
CANDO. In Roman law . "Of cut ti ng a
debtor in pieces . " This was the name of a
(formerly known as " dona conditionaZia " )
were con verted into estates in fee-tail. Hnd
law contained in the Twel ve Tables. the
which. by r end erin g such estates in alienable,
meaning of wh ich has occasion ed much can·
introd u ced perpetuities. and so s tren gth e ned
troversy. Some commentators have conclud·
the power of the nobles. See 2 B1. Camm.
ed that it was literally tha privilege of the
112.
credi tors of an insolvent debtor (ali oth er
means failing ) to cut his body in to pieces DE DOTE ASSIGNANDA. Writ lor
and distribu te it among them. Others con· assi gn ing dower. .A. wri t which lay for the
tend that the lnnguage of th i s law must be widow of a tenan t in capite. comm andi n g
taken figu ratively. d enoting a cutting up the king's escheator to cause her dower to
and apportion m ent of the debtor's e.o; ta te. be ass ig ned to her. Heg . Orig. 297; Fitzh.
The latter view has been adopted by Montes­ Nat. Brev. 263, C.
quieu, Bynkershoek, Hoineccius, and Ta.ylor. (Es­
prit des Lois, liv. 29, c. 2 ; Bynk. Oba. Jur. Hom. l. DE DOTE UNDE NIHIL HABET.
1, c. 1; Heinccc. Ant. Rom. lib. 3, tit. 30, § jl,; Tay!. .A. writ of dower which lay for a widow
Comm. in Leg. Decemv.) The literal meaning, on where no part of her dow er had been as­
the other hand, is advocated by Aulus Gellius and signed to her. It is now mucli d i sl1 sed ; but
other writers of antiquity, and receives support;
from a.n expression (semoto o1'n'lvi C1'twLl ltu) in
a form closely resembling it is still sOIU(�times
the Roman code itself. (AuL GeL Noctes Atticre, used in the United States . 4 Kent. Cam Ill .
lib. 20, c. 1 ; Code, 7, 1, 8.) This is also the opiu­ 63; Stearns, Real Act. 302; 1 Washb. Real
ion of Gibbon, Grllvina, Potbier, Hugo, and Nieh­ Prop. 230.
bubr. (3 Gib. Rom. Emp., Am. Ed., p. 183; Grav.
de Jur. Nat. Gent. et XII. Tab. § 7'2; Poth. Introd. DE EJECTIONE CUSTODllE. A
Pand. ; Hugo, Rist.. du Droit Rom. tom. i., p. 21:13, wri t which lay for a g u ardian who had been
5 HOj 2 Niohb. Rist. Rom. p. 597; 1 Kent, Comm.
forcibly ej ecte d from his wardship. Reg.
523, note.) Burrill.
Orig. 162.
DE DECEPTIONE. A writ of deceit
DE EJECTIONE FIRMlE. A w rit
which lay against one who acted in t he name
which lay at the suit of the tenant for years
of another whereby the latter was damnified
against the lessor, rev ersio ner. remainder·
and deceived. Reg. Orig. 112.
man, or stranger who had himself deprived
DE DEONERANDA PRO RATA the tenant of th€'- occupation of the land dut·
PORTION IS. A writ that lay where one ing his term. 3 BI. Comm. 199.
 DE 1>JECTIONE FIRilIJE 325 DE FACTO

By a grad ual extensiou of the scope of this DE EXCOMMUNICATO CAPIEN­

form of action its object was made to include DO. A writ commanding the sberIff to ar­
not o nly damagE's for the unlawful detainer, rest ooe who was excommun icaled, and im­
but also the possession for the remainder of prison him till he should uecoma reconciled
tbe ten )) , and e ven tu ally the p ossf'ssion of to the churcb. 8 Bl. Comm. 102.
land generaUy. An d . as it turned on the
DE EXCOMMUNICATO DELIBE­
right of possession, this involved a uetermi­
RANDO. .A w ri t to deliver an excom­
nation of the right of prop erty, or the tit.le,
municated person, who has made satisfaction
and thuB arose the modern action of eject­
to the church, from pris on . 3 Bl. Comm.
ment.
102.
DE ESCJETA. Writ of esch eat. A writ
DE EXCOMMUNICATO RECAP!­
which a lord had. where his tenant died with­
ENDO. Writ for retaking an excommuni­
out heir, to re co ver the land. neg. Orig. cated person, where he had been Jiberateu
164b; Fitzh. Nat. Brev. 143. 144. E. from prison without making satisfaction to

DE ESCAMBIO MONETlE. A writ the thul'ch, or giving secu r ity for that pur­

of excha nge of Cloney. An ancient writ to pose_ Reg. O rig. 67.

authorize a merchant to make a bill of ex­ DE EXCUSATIONIBUS. " Concerning

cbRnge, (lite1'as cambitorias facere.) Reg .
excuses. " This is the. title of book 27 of the
Orig 194.
.
Pandects. ( i n the C01'PUS Juris Civilis.) It E
DE ESSE IN PEREGRINATIONE. treats of tile circu mstances which excuse one

or bei ng on a journey. A species of essoi n. from filling the office of tutor or curntor.

1 Hea ve , Eng. Law. 119. Tbe bulk of the extracts a re from Modestin us .

DE ESSEN DO QUIETUM DE TO­

DE EXECUTIONE FACIENDA IN F
WITHERNAMIUM. Writ for making
LONID. A. writ which lay for those wbo
execution in withernam. Reg. Orig. 82b. A
were by pri vilege free from the payment of
species of capias in withm'7wm.
toll, on th eir being molested Lherei n. Fitzh.
Nat Brev. 226; Reg. Orig. 258b.
. DE EXECUTIONE JUDICII. A wri t G
d irected to a sheriff or lJailiff, commanding
DE ESSONIO DE MALO LECTI. A him to do execu tion upon a judgment. Reg.
writ wbich iss ned upon an essoin of mal"u1n Orig. 18; } itzh . Nat. Brev. 20.
'

kctt being cast, to examine wbether the party

was in fact sick or not. Reg. Or ig. 8b.
DE EXEMPLIFICATIONE. Writ ot H
exemplification. A writ granted for the ex­
DE ESTOVERIIS HABENDIS. Writ emplification of an original . Reg. O rl g.
for having estovers.
A w rit which lay for a 290b.
wife divorce d a mensa et tlwro, to reco ve r
DE EXONERATIONE SECTlE. Writ
bel' alim ony or estovers. 1 BI. Comm. 441;
for exon eration of su i t. .A. writ th at lay for
1 Lev. 6.
the l<ing's ward to be discharged of nll suit
DE ESTREPAMENTO. A w ri t which to the c o u nty court, bundred, leet, or court·
lay to prevent or stay waste by a tenant.. baron , during the ti me of his wardship.
during the pendency of a suit against him to Fitzh. Nat. Brev. 158; New Nat. Brev. 352.
J
recover the lands. Reg. Orig. 76b ' Fitzh.
DE EXPENSIS CIVIUM ET BUR­
Nat. Hrev. 60. GENSIUM. An obsolete writ addressed to

DE EU ET TRENE. L. Fr. Of water the sheriff to le vy the expenses of every cit,..

and whip of three cords . A term applied to izen an d b urgess of pa.rliament. 4 lnst. 46.
a neife. that is. a bond woman or female vil­ DE EXPENSIS MILITUM LEVAN­
K
lein, as empl oy ed in servile work, and sub­ DIS. W ri t for levying the expenses ot
ject to corporal puni shment. Co. Litt. 25b. knights. .A. writ di rected to the sheriff for
levying the allQwance for knig hts of the
DE EVE ET DE TltEVE.
French phrase, equi\'alellt to the Latin de a'Do
A law
shire in parl i a ment. Heg. Orig. 191b. 192- L
et de trita'Vo. descriptive of the ancestral DE FACTO. Io fact. in deed, actually.
rights of lords in their villeins. Literally, Thi s phrase is used to characterize an otticer,
"from gra ndfather and from great-grandfa­ a govern m e n t, a past action, or a state of af­
ther's g reat grandfat her. ,.
. It occurs in t he fairs w hich exists actually anti must be ac · M
Year Books. cepted fur all practical pu rposes. but wbich
 DE FACTO 326 DE GRATIA.

is i llegal or illegitimate. [n this sense It Ie law or fact. Broom, Max. 85. The law doth
tIle contrary of de jure. which means right­ so much respect the certainty of judgments,
ful, legitimate. just, or constitutional. Thus, and the credit and authority of judges. thnt
an ollice!', king. or government de facto is it will not permit any error to be assigned
one wllo is in actual possession of the office which impeacheth them in their trust and
or supreme power, but by u�urpation. or OiTW8. and i f! willful abuse of tho snme; but
without respect to lawful title; while an of­ only in ignorance and mistaJ,ing either of
ficer, king, or governor dejw'e is one who bas the law, or of the case and matter of fact.
just claim and. rightful title to the office or Uae. Max. ubi supra. Thus, i t cannot be
power. but who has never had plenary pos­ assigned for error that a judge did that
session of the same, or is not now i n adual whicn he ou ght not to d o ; us that he entered
possession. (4 BI. Comm. 77. 78.) Soa wife a verdict for the pInin tiff, where the jury
de facto is one whose marriage is voidable by gave it for the defendant. :Fitzh. Nat. Brev.
decree, as distinguished from a wife de JUTe, 20. 2 1 ; Bac. Max. ubi supra; Hardr. 127, argo
or lawful wife. (4 Kent, Comm. 36.) (As
DE FIDEI LlESIONE. Of breach 01
to the distinction between governments de
faith or fidelity . 4 Reeve. Eng. Law. 99.
facto and de jure, Bee GOVERN.M1!:N'l'. As to
officers de facto, Bee that title.) DE FINE FORCE. L. Fr. Of neces­
But the term is also frequently used inde. sity; of pure necessity. See FL."'iE FOROE.
pendently of any distinction from de jure;
DE FINE NON CAPIENDO PRO
thus a blockade de facto is a blockade which
PULCHRE PLACITANDO. A writ pro­
is actually mai ntained. as distinguished from
bibiting the taking of fines for beau pleauer.
a mere paper blockade.
Ueg. Orig. 179.
In old En glish law. D8 facto means
respecting or concerning the principal act of DE FINE PRO REDISSEISINA CA..
a m urder. which was technically den am· PIENDO. A writ wbich lay for the release
inated fact1J.7n. See Fleta, lib. 1, c. 27, of one imprisoned for a re·disseisin. on pay­
§ 18. ment of a reasonable fine. "ng. Orig. 222b.

DE FACTO CONTRACT. One whh:b DE FINIBUS LEVATIS. Concerning

has purported to pass the proper ty from the fines levied. The title of tbe statute27 Edw.
owner to another. 74 N. Y. �7�; L. R. 3 I•• requiring tines thereafter to be levied, to
App. Cas. 459. be read openly and solemnly in court. 2
lnst. 521.
DE FAIRE ECHELLE. In French
Jaw. A clau se commonly inserted in policies DE FORISFACTURA MARITAGII.

of marine insurance. equivalent to a license Writ of forfeiture of marriage. Heg. Orig.

to touch and trade at interm ediate ports. 14 163, 164.
Wend. 491. DE FRANGENTIBUB PRISONAM.
Concerning those that break prison. The
DE FALBO JUDICIO. Writ of false
title of the statute 1 Ed W. ll.. ordaining
judgment. Reg. Orig. 15; Fitzh. Nat Brev.
that none from thenceforth who broke prison
18. See FALSE JUDGMENT.
should have judgment of life or limb for
DE FALSO MONETA. Of false money. breaking prison oo ly, unless the cause for
The title of the statute 27 Edw. I. ordainiDg which he was taken and imprisoned required
that persons importing certain coins, called such a judgment if he was lawfully convict.
"pol lards , " and " crokards , " 8hoilid forfeit ed thereof. 2 Reeve, Eng. Law, 290; 2 Inst.
their lives and goods. and everything they 589.
could forfeit. 2 Reeve, E ng. Law, 228, 229.
DE FUUTO. OUheft. Oneof tbe kinds
De fide et officio judicis non recipitur of criminal appeal formerly in use in Eng­
quwstio, sed de scientia. sive sit error land. 2 Reeve, Eng. Law, 40.
juris, sive facti. Concerni.ng Lhe fidelity and
DE GESTU ET FAMA. Of bebavior
official conduct of a j udge, n o question is
and reputation. An old writ which lay in
[will be] entertained; but [only] concerning
cases where a person' s conduct and reputa·
his knowledge, whether the error [committed]
tion were impeached.
be of law or of fact. Bnc. Max. 68, reg. 17.
The bona fides and honesty of purpose of a DE GRATIA. Of grace or favor. by fa.
judge cannot be questioned, but his de. vor. De speciaZi gratia, of special grace or
cision may be imp ugned for error either of favor.
 DE GHATIA SPECIAL!, ETC. 827 DE INJURIA

De gratia speoiali carta Bcientia at states, In an amended and altered form. 8M

m era motu, taUs clausula non valet in 1 Kent, Comm. 404n ; 84 )Ie. 186.
his in quibus prresumitur principem
esse ign orantem . 1 Coke. 53. The clause DE IDENTITATE N O M I N I S. A

"of our special grnce , certai n knowledge. and writ which lay for one arrested in a personal

mere Illotion, " is ot no avail in those things
in which it is pr es u med t hat the prince was
ignorant .
action and committed to prison under a mis­
take as to h is identi ty, the proper defe ndant
bearin g the same name. Reg. Orig. 194.

De graBBis arboribus decimre non de.· DE IDIOTA INQUIRENDO. An old

buntur sed de sylvia credua de cim re common-law writ, long obsolete, to in q u i re
dabuntur. 2 Rolle, 123. Of whole trees , whether a man be an idiot or not. 2 Staph.
are not gi ve n ; but of wood cut to be
tithes Comm. 509.
used, tithes are gi ven .
DE IrS QUI PONENDI SUNT IN
DE HlEREDE DELIBERANDO ILLI ASSISIS. Of those who llre to be put on
QUI HAEE r CUSTODIAM TERRlE. assises. The title of a statute passed 21
Writ for del i v�ring an heir to him who bas Ed w. 1., defining the qual i fi cat i ons of jurors.
wardship of th e land. A w rit directed to Crabb, Eng . Law, 167, 189 i 2 Reeve, Eng.
the sheril1'. to require one that had the body Law, 184.

E
of bim that was ward to another to deliver
DE INCREMENTO. Of increase ; in
bim to the person wJlose ward he was by
addition. Costs de incremento, or costs of
re<lson of bis land. Heg . Orig. 161.
increase, are the costs adj u d ged by the cOllrt
DE HlEREDE RAPTO ET ABDUC­ in civil actions, in addition to the damages
TO. \Vrit concern in g an heir ravished and and nomi nal costs found by the jury. Gilb. F
carried away. A writ w h ich anci ently lay Com. PI. 260.
for a lord who. havi n g by ri ght the wardship
DE INFIRMITATE. Of infirm ity. The
of his tenant under <tge. could not obtain his

G
principal essoi n in the time of Gl anville ;
body, tbe s ame being carried away by an­
afterwards called "de malo. " 1 Ree ve, Eng.
other persu n . Reg. Orig. 163; Old Nat.
Law, 115. See DE MALO ; ESSOIN.
Brev. 93.

DE H lE R E T I C O COMBURENDO. DE INGRESSU. A writ of eDtry. Reg.

(Lat. For b urn i ng a heretic. ) A writ which O ri g. 227b, et seq.

own] wrong. H
lay where a heretic bad been con victed of
Of [his
of pleadi ng , a
heresy, bad abjured, and had relapsell into DE INJURIA.
In the technical language
heresy. It is said to be very ancient. Fitzh.
replication de i'11duria is OIle that may be
Nat. Brev. 269; 4 BI. Comm. 46.
made in an action of tort where the defend­
DE HOMAGIO RESPECTUANDO. ant has admitted the acts complained of, but
A writ for respiting or postponing homage. a
al leges , in his ple , certain new matter by
Fitzh. Nat. Brev. 269, A. way of j ustif i cation or exc use; by Lhls repli­
cation the p lain tiff avers that the d efendant
DE HOMINE CAPTO IN WITHER­
committed the grievances in question "of his
NAM.
nam. )
( Lat. For taki n g a man i n wither
A writ to take a m an who had car­
­

own wrong, and without any such cause," or J

mati ve or excuse, as that alleged in the plea,
ried 8way a bondman or bondwoman into
(de inju1'ia sua propria absque tali causa,' )
another count ry beyond the reach of a writ

cause" alleged, K
or, admitting pa rt of the matter pleaded,
of replevin.
.. without the rest of the
DE HOMINE REPLEGIANDO. ( Lat. (ausgti8 ?'esiduo causa.)
For replevying a man. ) A writ wbich lies I n form it is a sp t'c ies of traverse, and it is
to replevy a man out of prison. or ou t of the frequently used when the pleading of the de­
custody of a private person, upon giving se­ fendant. in answer to which it is directed,
cnrity to the sheri ff that the man shall be consists merely of matter of excuse of the
L
forthcoming to answer any charge again st all eged trespass, grievance, breach of con­
blm. F itzh . Nat. llrev. 66: 8 BI. Comm. tract. or other cause of acti on . Its com­
129. pre he ns ive character in pu tting in issue aU
This writ has been s uperseded almo st the material facts of the derendant' s plea has
who l ly, in modern practice, by that of habeas also obtained for it tbe title of the genel'al M
COTpWJ" but it is still used, in some of th e replication. Holthouse.
 DE INQ}'FlCIOSO TESTAMENTO 328 DE MALO

DE INOFFICIOSO TESTAMENTO. DE LATERE. From the side; on the

Concerning an inofficious or undutiful will. side; collaterally: of collaterals. Cod. 5, 5,6.
A title of the civil law. lost. 2, 18.
DE LEGATIS ET FIDEI COMMIS·
DE INTEGRO. Ane w ; a second time. SIS. Of legacies and trusts. The name of
As it was bf'fore. n t i Lle of the Pandects. Dig. 30.

DE INTRUSIONE. A writ of Intru· DE· LEPROSO AMOVENDO. Writ

sion ; where a stranger entered after the death for removing a leper. A writ to remove a
of the tenant. tothe injury of the reversioner. lept'r who thrust. himself into the company
Reg. Orig. 233b. of his neighbors in any parish, i n public or
private places, to their annoyance. Heg.
DE J A C T U R A EVITANDA. For
Orig. 267; Fitzh. Nut. Brev. 234, Ei New
avoiding a loss. .A. phrase applied to a de­
Nat. Brev. 52!.
fendl�llt, as de lucro captando i s to a plaintiff.
1 Litt. (Ky.) 5l. DE LIBERA FALDA. Writ o! free
fold. A species of quod pennittat. Reg.
DE JUDAISMO, STATUTUM. Tho Orig. 155.
name of a statute pussed in the reign of Ed­
ward 1., which enacted severe and arbitrary DE LIBERA PISCARIA. Writ of free
penalties against the Jews. flshery. A species of quod pennittat. Reg.
Orig. 155.
DE JUDICATO SOLVENDO. For
DE LIBERO PASSAGIO. Writof fre.
payment of the amount adjudged. A term
passage. A species of quod permittat. !teg.
appliE'd i n the Scotch law to baiJ to the ac­
Orig. 155.
tion. or special bail.
DE LIBERTATE PROBANDA. Writ
DE JUDICIIS. Of judicial
proceedings. for proving l iberty. A writ which lay for
The title of the second part of the Digests or such as, being demanded for villeins or DIerS,
Pandects. including the fifth. sixth, seventb, offered to prove themselves free. Heg. Orig.
eighth, ninth. tenth, and eleventh books. 87b; Fitzh. Nat. Brev. 77, F .
See Dig. prorem. � 3.
DE LIBERTATIBUS ALLOCANDIS.
DE JUDICIO SISTI. For appearing A writ of various forms. to enable a citizen
in court. A term applied in the Scotch and to recover the liberties to which he was cn­

admiralty law, to bail for a defendant's ap_ tiLled. Fitzh. NaL. Brev. 229 ; Reg. Orig.
pearance. 262.

DE JURE. Of right; legitimate; lawful; DE LICENTIA TRANSFRETANDI.

by right and just title. In this sense it is Writ of permiSSion to cross the sea. An old
the contrary of de facto, (which see.) It may writ di rected to the wardens of the port at
also be contrasted with de Dratirl, in which Dover, or other seaport in England. com­
case it means " as a matter of rig ht," as de manding tht:'m to permit the persons named
gratia means " by grace or favor." Again i n the writ to cross tbe sea from such pur�,
it may be contrasted with de a;quitate; bere on certain conditions. Reg. Orig. 193b.
meaning II by Jaw , " as the latter means " by
equity." See GOVERNliENT. DE LUNATIC0 INQUIRENDO.
The name of a writ directed to the sheriff.
De jure decimarum, ori gine m ducens directi ng him to inquire by good and lawful
de jure patronatus. tunc cognitio spec­ men whether the party cbarged is a lunatic
tat at legem civilem. i. e., communem. or not.
Godb. 63. 'Vith regard to the rig ht of tithes,
deducing its origin from the right of the pa. DE MAGNA ASSISA ELIGENDA.
tron, then the cogni zance of them belongs to A writ by which tbe grand assise was chosen
the civil law; that is, the common law. and summoned. Rt::g . Orig. 8 ; Fitzh. Nat.
Bl'ev. 4.
DE LA PLUIS BEALE, or BELLE.
L. Fr. Of the most fair. A term applied to
De majori et minori non variant jura.
Concerning greater and less laws do Ilot vary.
a s lJecies of dower, which was assigned out of
2 Vern. 552.
the fail'est of the husband's tenements. Litt.
§ 48. This was abalisheJ with the miUtary DE MALO. Of Illness. This phra,.
ten ures. 2 .81. Comm . 132; I Steph. Comm. was frequently used to deSignate several spe­
252. cies of essoin. (g. v.,) such as de malo lecti,
 DE DIANUCAPTIONE 329 DE NON DECJ1JANDO

(If iJlness in bed; de malo Deniendi, of illness I DE MINIS_ Writ of threat,. A writ
(or misfortune) in coming Lo the place where which lay where a person was threatened
the court sat; de malo 'Dill£e, of ill ne ss in the with personal violence, or the destruction ot
bis property, to com �el the otf elH l �r to keep
I
town where the court sat.
the peace. Reg. Ong . 88b, 89; FJtzh. Nat.
DE MANUCAPTIONE. 'Writ of mall- Brev . 79, G, 80.
ucnption, or mainprise. A writ which lay
for one who, being laken and imprisoned on DE MITTENDO TENOREM RE-
u charge of fe lon y. had offered bail, which CORDI. A writ to send
the tenor of lL rec­
had been refused; re q u iring the sheriff to ord , or to exem plify it under the grent seal.
discl mrge him on bis finding sullicient main­ Reg. Orig. 220b.
pernors or bail. Heg . Orig. 268b; Fitzh.
DE MODERATA MISERICORDIA
Nat. Brav. 249. G.
CAPIENDA. Writ for taking a moderate
Writ of main­ amercement. A writ, founded on Mauna
DE MANUTENENDO.
Charta, (c. 14,) which lay for one who was
tenance. A writ which lay a g-a ins t a person
for the offense of ·m aintenance. Reg. Orig. excessively amerced in a court not o f record.
directed to the lord of the court. or his bailiff,
189, 182b.
co m ma nd i n g him to take a moderate amerce­
DE MEDIETATE LINGUlE. Of the ment of the par ty . Reg. Orig. 86b; lo" itzh.
half tongue; half of one tongue and half of Nat. Brev. 75, 76. E
another. This phrase d escri bes that �pecies
of jury which, at common law. was allowed DE MODO DECIMANDI. Of a modus
in both civil and criminal cast's where Olle of of tithing. A term applied i n English ec­
cl{'siastical law to ap rescripti on to hav e a
F
the parties was an alien, not speaking or un-

I
derstanding English. It was composed o f special manner of tithing. 2 131. Comm. 29;
abc Engli sh denizens or natives and six of
3 St.ph. Comm. 130.

the alien '5 own countrymen. De molendino de novo erecto non jacet
prohibitio. ero Tac. 429.
. • A prohibition
DE MEDIO. A writ in the nature of a l ies not against a neWly-erected mill.
writ of right whicb lay
. wben� upon a suiJin­ G
feudation th e mesne (or middle) lord suffered De morte hominis nulla est cunctatio
his under-tenant or tenant parao(til to b e longa. \Vbere the death of a human being
distraint'u u pon by the lord paramount for is concerned, [in a m;ltter of life and death,]
the rent due him from the mesne lord. Booth, I no delay is [considered] long. Co. Litt. 134.
H
Heal Act. 186.
I DE NATIVO HABENDO.
which lay for 8 lord directed to
Awrit
the sheriff,
DE MELIORIBUS DAMNIS. Of or
for the better damages. A term USN] in commanding him to apprehen d a fugitive
pract ice to denote the election by a plaintiff villein. and restore bim. witb all his chutLels,
agai nst which of several defendants ( where to the lord. Reg. Orig. 87; Fitzh. Nat. llrev.
the d ama g es have been assessed separ ately ) 77.
he will take j u dgm ent. 1 Arch. Pl'. K. B . De nomine proprio non est curandum
219; 8 Cow. Ill. cum in substantia non erretur ; quia

DE MERCATORIBUS. "Concf'rning
nomina mutabilia Bunt, res autem im­ J
mobiles. 6 Col<e, 66. As to the proper name,
mercha n ts. " The name of a statute passed
in the eleventh year of Ed w. 1., (1233.) more it is not to be rega rd ed ""here it e rrs not in
su bsiance. bf>cause names are changeable,
commonly called the "Statute of Acton Bur­
but things imm utable.
nel. II authorizi n g the recognizance by statute K
merchant. See 2 Reeve, Eng. Law, 160- De non apparentibus, et non existenti­
162; 2 Bl. Comm. 161. bus, eadem est ratio. 5 Coke, 6. As to
things nut apparent, and those not existing.
De minimis non curat lex. The law
the rule is the same.
does not care for, or take notice of, very small L
or trifling matters. The law does not con­ DE NON DECIMANDO. Of not pay­
cern itself about trilles. Cro. Eliz. 353. ing tithes. applied i n E nglis h ee­
A term
Tuus, error in calculation of a fractional part clesiastical lawto a prescription or t:laim to
of a penny will not be regarded. Hob. 88. be entirely disch arged of tithes, and to pay
So. the l a w will not, in general , notice the n o com pensation in lieu of them. 2 Bl. M
fraction of a day. Broom, Max. 142. Com m . 31.
 DE NON PROCEDENDO, ETC. 350 DE PLAGIS ET MAHEMIO

DE N ON PROCEDENDO AD AS· of tIle land came to. Reg. Orig. 182; Fltzh.
SISAM. A writ forbidding the justicesfrom Nat. Brev. 234, H.
boldi ng an assisc in a particular case. Reg.
DE PACE E T L E G A L I T ATE
Ori g. 22 1.
TENENDA. For keeping the peace, and
DE NON RESIDENTIA CLERICI for good behavior.
REGIS. An ancient writ where a parson DE PACE ET PLAGIS. 01 peace,
was employed in the royal ser-rice, etc., to (hreach of peace.) and wounds. One of the
excuse and discharge him of non-residence. kinds of criminal appeal formerly in use in
2 l nst . 264. England. and which lay in cases of assault,

DE NON SANE MEMORIE. L. Fr. wounding. and breach of the peace. Bract.
Of unsound memory or mind; a phrase syn� fol. 144; 2 Reeve, Eng. Law. 33.
onymous with non compos mentis. DE PACE ET ROBERIA. Of peace
[breach of peace] and robbery. One of the
DE NOVI OPERIS NUNCIATIONE.
kinds of criminal appeal formerly in use in
In the civil law. .A form of interdict or in­
England, and which lay in cases of robbery
j unction which lies in Borne cases where the
and breach of the peace. Bract. fol. 146; 2
defendant is about to erect a .. new work"
Reeve, Eng. Law, 37.
(qo 'D.) in derogation or injury of the plain­
tiff's rights. DE PALABRA. Span. By word; by
parol. White, New Recop. b. 2y tit. 19. c.
DE NOVO. Anew; afresh; a aecond
3, § 2.
time. A venirB de novo is a writ for sum­
moning a jury for the second trial of a case D E PARCO FRACTO. A w.rit or .c­
which haa been sent back from above for a tion for damages caused by a pound·breach,
n e w trial. (q. v.J It has long been obsolete. Co. Lit�
47b; 3 BI. Comm. 146.
De nullo, quod est BUa. natura indi.
visibile� et divisionem non p a t i t u r, DE PARTITIONE FACIENDA. A
nullam partem habebit vidua. sed sat­ writ which lay to make partition of lands or
isfaciat ei ad valentiam. Co. Litt. 32. te n emen ts held by several as coparcenel's.
A widow sllall have no part of that which i n tenants i n common, etc. Reg. Orig. 76;
its own nature is indivisible, and i s not sus­ Fitzh. Nat. Brev. 61, R; Old Nat. Brev. 142.
ceptible of division. but let the heir satisfy
DE PERAMBULATIONE FACIEN­
ber witb an equi valent.
DA. A writ which lay where there was a
De nullo tenemento, quod tenetur ad di s pute as to tile boundaries ot two adjacent
terminumy fit homagii, fit tamen inde lordships o r towns, directed to the sheriff,
fldelitatis sacramentum. In no tenement co m manding him to take with him twelve
which is held for a term of years is there an discreet and lawful k n ights of his county
avail of homage ; but there i s the oath of and mak e the perambulation and set the
fealty. Co. LiLt. 67b. boullds aud limils i n certainty. Fitzh. Nat.
.
Brev. 309, D.
DE ODIO ET ATIA. A writ tlirected
to the sheriff. commanding him to inquire DE PIGNORE SURREPTO FURTI.
whether a prisoner charged with murtler was ACTIO. In the civil law. An action to re­
committed upon just calise of suspicion, 01' cover a pledge stolen. I nst . 4, 1, 14.
merely pTopter odium et atiam, (through
DE PIPA VINI CARIANDA. A writ
hatred and ill wil l ;) and if, upon the inquisi­ of trespass for carrying a pipe ot wine so
tion, due cause of suspicion did not appear.
carelessly that i t was stove, and the conlents
then there issued another writ for the sheriff
lost. Heg. Orig. 110. Alluded to by Sir
to admit him to bail. 3 BI. Comm. 128.
·WilIiam Jones in his remarks on the cnse of

DE OFFICE. L. Fr. Of office ; In vir­ Coggs v. 13arnard. Jones. Bailm. 59.

tne of officej ofliciallY i in the discharge of or­ DE PLACITO. Of a pleaj of or in an

dinary duty. action. Formal words used i n declarations
and other proceedings. as descriptive of the
DE ONERANDO PRO RATA POR­
particular action brought.
TIONE. Writ for charging according to a
rateable proportion. A writ which hty for a DE P L A G I S ET MAHEMIO. 01
joint tenant, or tenant In common, who was wonnds and mayhem. The name of a crim­
distrained for more rent than his proportion inal appeal formerly i n use in England, in
 DE PLANO 381 DE RECTO PATENS

cases of wounding and maiming. Bmct. " 3 Reeve,

"in the quo, or "in the q'u,ibu8."
fol . 144b ; 2 Reeve, Eng. Law. 34. !:;ee AP­ Eng. Law, 33.
PEAL.
DE QUOTA LITIS. In the civil law,
DE PLANO. Lat. On the ground; on .A. contract by which one who has a claim
a level. A term of til.., Roman law descrip­ difficult to recover agrees with another to give
tive of the method of hearing causes, when a part, for the purpose of obtaining his serv­
the pr.:etor stood 011 the ground with the suit· ices to recover the rest. 1 D u v al, no. 201.
ors, instead of the more formal method when
DE RAPTU VIRGINUM. Of the rav­
he occupied a Lench or tribunal; hence in­
ishment of maids. The name of an appeal
formal, or summary.
formerly i n use in England i n cases of rape.

DE PLEGIIS ACQUIETANDIS. Writ Bract. fol. 147; 2 Reeve, Eng. Law, 38.

for acq uitting or releasing pledges. A writ

DE RATIONABILI PARTE BONO­
that lay for 8 surety. against him for whom
RUM. A writ which lay for the wife and
be bad become surety for the payment of a
children of a deceased person agai nst his ex­
certain sum of money at a certain day, where
ecutors, to recover their reasonable part or
the latter had not paid the lUoney at the ap­ share of bis goods. 2 BI. Comm. 492; Fitzh.
pointed day. and the surety was compelled
Nat. Brev. 122. L.
to pay it. Reg. Orig. l58; Fitzh. Nat. Brev.
IS7, C; S Reeve. Eng. Law. 65. DE RATIONABILIBUS DIVISIS. E
'Vrit for fixing reasonable boundaries. A
DE PONENDO SIGILLUM AD EX­ w r i t which lay to setUe tile boundaries bEr
CEPTIONEM. Writ for puLting a ,p.al to tween the lands of persons in different towns,
an exception. A writ by which justices where one complained of encroacbment.
were formerly commanded to put tbeir seals Reg. Orig. 157b; Fitzb. Nat. Brev. 128. M ; F
to exceptions taken by a party i n a suit. neg. Rose. Real Act. 31 ; a Reeve, Eng. L"HV , 48 .
Orig. 1�2.
DE REBUS. Of things. The title of
DE POST DISSEISINA. Writ of post tbe third part of the Digests or Pandects.
disseisin. A writ which lay for him who, compriSing books 12--19, inclusi ve. G
having recovered lands or tenements by
DE REBUS DUBIIS. Of doubtful
prreclpe quod 1'edda t, on default, or redcli­
things or matters. Dig. 34, 5.
tion, was again disseised by tbe former dis­
aeisor. Reg. Orig. 208; Fitzh. Nat. Brev. DE RECORDO ET PROCESSU
190. MITTENDIS. 'Vrit to send the record and
H
process of a cause to a Buperior court; a
DE PRlE:ROGATIVA REGIS. The
species of writ of error. Reg. Orig. 209.
statute 17 Edw. I. St. I, c. 9, defining the
prerogatives of the crown on certain sub­ DE RECTO. Writ of right. Reg. Orig.
jects, but especially directing that the king I, 2 ; Bract. fol. 327b. See 'VUlT OF UIGHT.
shall have ward of tbe lands of idiots, taking
tbe profits without waste, and finding them DE RECTO DE ADVOCATIONE.
necessaries. 2 Steph. Cornm. 529. Writ of right of advowson. Reg. Orig. 29b.
A writ which lay for one who had an estate
DE PRlE:SENTI. Of Lhe present; in in an advowson to him and his heirs in fefr J
tbe present tense. See PER VERnA DE simple. if he were disturbed to present.
PRA!:sENTI. Fitzh. Nat. Brev. SO, B. Abolished by St. 3
& 4 Wm. IV. c. 27.
DE PROPRIETATE PROBANDA.
Writ for proving property. A writ directed DE RECTO DE RATIONABILI K
to the !!herHf, to inquire of tbe property or PARTE. Writ of right, of reasonable part.
goods distrained, where the defenda.nt i n an A writ which lay between privies in blood,
action of replevin claims the property. 3 as between brothers in gavelkind, or between

L
Bl. Comm. 148; Heg. Orig. 85b. sisters or other coparceners for lands in fee-
simple, where one was deprived of his or her
DE QUIBUS SUR DISSEISIN. An share by nnother. Reg. Orig. 3bj Fitzh.
ancient writ of entry. Nat. Brev. 9. B. Abolished by St. 8 & 4
W m . IV. c. 27.
DE QUO, and DE Q U I B U S. Of
which. Formal words in the simple writ of DE RECTO PATENS. Writ of right M
entry, from which it was called a writ of entry patent. Reg. Orig. 1.
 DE REDloiSEISINA 332 DE TEMPORE, ETC.

DE REDISSEISIN A. Wr it of redis­ er hiB escllage or scu tage. Reg. Orig. 88;

SeISIn. A writ which lay where a man re­ Fitzh. Nat. Brav. 83, D, F .
covered by assise of novel diss ei sin land, rent.
D E S E BENE GERENDO. For be­
or common, and tbe like. and was put in pos­
lla vin g himself well; for his good behavior.
session thereof by verdict, and afterwards
Yelv. 90, 154.
W ..IS d isseis ed of the same land. rent, or
common, by him by whom be was dissei sed DE SECTA AD MOLENDINUM.
lJefore. Reg . OJ'ig. 206b, FiLzIl. Nat, Brav. Of suit to a mi ll.A writ which l;\y to
188, B. compel one to continue his custom (of grind.
ing) at a mill. 3 Bl. Camm. 235; Fitzh.
DE REPARATIONE FACIENDA. A
N�\t. Drev. 122. M.
writ by which one tena-nt in common seeks
to compel another to aid in repairing toe De similibuB ad s1miUa eadem ratione
property held in common. 8 Barn. & C. 269. procedendum est. From like things to
like things we are to proceed by the same
DE RESCUSSU. 'Vrit of rescue Ol' res­ rule or reason, [i. e we are all owed to ar­
••

cous. .A writ which lay where caUle dis­ gue from t.he analogy of cases.] Branch,
trained. or persons arrested, were rescued Prine.
from th ose tak i n g them. Heg. Orig. 117,
llS j Fitzh. Nat. Brev. 101. C, G. De similibus idem est judicandnm.
Of [res pecti ng] like things, [in like cases, ]
DE RETORNO HABENDO. For hav­ the judgment is to be the sa.me. 7 Coke, 18.
ing a return; to have a return. A. ter m ap­
DE SON TORT. L . Fr. Of his own
plied to the j ud gm ent for the defendant in
wrong. .A. stJ'a n ger who takes upon him to
an action of replevin. awarding him a re­
act as an executor without tInY jus� a u thurit.,
turn of the goods repleviedj and to the writ
is called an " executor of his own wrong, "
01' exec u ti on issued thereon. 2 Tidd. Pr.
(de son �or�.) 2 BI. Comm. 507; 2 Sleph.
993, 1038; 3 Bl. Com m . 149. Applied also
Comm. 244 .
to the sureties given by the plaintiff on co m­
m encing the action. Id. 147. DE SON TORT DEMESNE. Of hi.
own wrong, ;rhe law French eq uivalent of
DE RIEN CULPABLE. L . F r. Guilty the Latin pbrase de injuria, (q. 'tl.)
of not hi ng ; not guilty.
DE STATUTO MERCATORIO. Th.
DE SA VIE. L. Fr. Of his or h er lifej writ of statute mercha nt. Reg. Orig. 146b.
ot his own life; as distinguished fr om pur
DE STATUTO STAPULlE:. The writ
autre vie, for another's life. Litt. �§ 35, 36.
of statute staple. Reg. Orig. 151-
DE SALVA GARDIA. A writ of safe­
DE SUPERONERATIONE PASTU­
guard allowed to strangers s eeking their
RlE. 'Writ of su rcharg e of pasture. A ju­
rights in English courts. and app rehe ndi n g
d i ci al writ which lay for him who was im·
violence or inj ury to theil' persons or proper·
pl ead ed in the county court, fol' surcharging
ty Reg. Orig . 26.
a common with bis cattle, in a case when: he
DE SALVO CONDUCTU. A writ of was formerly impleaded for it in t h e samf'
court. ami the cause was removed into one
s afe conduct. Heg. Orig. 2M, 26.
of the courts at ·Westminster. Reg. Jud.
DE SCACCARIO. Of or cOllcerning the 36b.
excheqm'r. The title of a statute passed in
th e fifty-fl rst year of Henry III.
DE TABULIS EXHIBENDIS. Of
2 Reeve,
Eng, Law, 61. showing the tablets of a will. Di g. 43, 5,
DE TALLAGIO NON CONCEDEN­
DE SCUTAGIO HABENDO. Writ
DO. Of not allowing talliage. The ntUm
for h�vlng (or to have ) escllage or scutage.
given to the statutes 25 and 3-1 Etlw. 1., re­
A writ which anciently lay aga i n st temtllts
str icti ng t Il€' power of the king to grant tal.
uy kl1igbt·�er vi(!e, t.o compel tIJem to serve
liage. 2 Lust. 532; 2 Re ev e , Eng. La w, 104..
in the king's wars or send substitutes, or to
pay escllage; that is . a s um of money. Fitzh. DE TEMPORE C U J U S CONTRA­
Na.t. Brev. 83, C. The sam e writ lay for RIUM MEMORIA HOMINUM NON
one who had already served in the king' s EXISTIT. From time w hereof the memo
a.rmy, or paid a fiue j nstead, agai ns t those ory of man does not exist to the contrary.
who held of him by knight-service, to recov- L itt. § 170.
 DE TEMPORE, ETC. 883 DEAD FREIGHT

DE TEMPORE IN TEMPUS ET AD Tbis wri� has been recognized in AmorIca.

OMNIA TEMPORA. From time to time, 2 Chand. Crim. Tr. 381.
and at all times. Towns}l. PI. 17
DE VERBO IN VERBUM. Word for
DE TEMPS DONT MEMORIE NE word. Bract. fol. 138b. Literally, from
COURT. L. Fr. From time whereof mem� word to word.
ory runneth not; time out of memory of man. DE V E R B O RU M SIGNIFICA­
Litt. §§ 143. 14;'. 170.
TIONE. Of the signification of words. An
DE TESTAMENTIS. Of testaments. 1m portant title of the Digests or Pandects,
The title of the fifth part of the D igests or (Dig. 50. 16,) cons ist ing entirely of defilli­
Pandects ; comprising the twenty·eighth tions or words and phrases used in the Ho­
to the tllirty-sixth boolts, botll inclusive. man law.

DE THEOLONIO. A writ which lay . DE VI LAICA AMOVENDA. Writ

of (or for) removing lay force. A writ
for a person who was prevented from taking
toll. Reg. Orig. 103. which lay where two parsons conte nded for
a church. and one of them entered into it
DE TRANSGRESSIONE. A writ of with a great number of laymen, anti held out
trospass. Reg. Orig. 92. the other vi et a'J"1nis,. then he that was
holden out had this writ di rected to th e
DE TRANSGRESSIONE, AD AU­ sheriff, that he remove ihe force. Reg. Orig. E
DIENDUM ET TERMINANDUM. A 59; Fitzh. Nat. Brev. 54, D.
writ or commission for the hearing and de­
term ining any outrage or misdemeanor. DE VICINETO. From the n eighbor­
hood, or viCi nage. 3 Bl. Comm. 360. A.
DE UNA PARTE. A deed de una term applied to a jury. F
pm'te is one where only o n e parly grants,
gives, or binds hi mself to do a thing to an­ DE WARRANTIA CHARTlE. Writ
It differs from a deed intel' partes. of warranty of charter. A writ which lay
other.
2 Bo u y . Inst. no. 2001- for !Jim who was enfeoffed, with clause of
(g. v.J
warranty. [in tile cllal'ter of feoffmt>nt,] an d G
DE UXORE RAPTA ET ABDUCTA. was aftt!l"wal'ds impleacled i n a n assise or
A writ which lay where a man's wife had other action, i n which he could not vouch or
been ravished and carried away. A spf'cies call to warranty ; in which case he might
of writ of trespass. Reg. Orig. 97 ; Fitzh. have tllis writ against the feoffor, or his heir,
Nat. Brey. 89, 0 ; a Bl. Comm. 139. to compel him to warrant the land IInto him. H
Reg. Orig. 157b,. Fitzh. Nat. Brev. 134, D.
DE VASTO. Writ of waste. A writ
Abolished by St. 3 &; 4 WID. IV. c. 27.
which might be brought by him who had the
immediate estate of inheri ta nce in rev('r­ DE WARRANTIA DIE!. A writ that
sian or remainder, ag ai ns t the tenant for lay where a man h ad a day in any action to I
life, in dower. by curtesy, or for years, appear in proper persoll, and the king at that
where the latter had committed wastf' in day, or before, employed h i m in some service.
lan.;1.s; calling upon the tenant to n.ppear so that he could not appear at the day in
amI s h ow cause why he comm itted waste courl. It was directed to the justices. that J
�ml (h-'struction in the place named. to the they should not record him to be in default
disinherison (ad exhaTedalionem) of the for his not appearing. Fitzh. Nat. Brev. 17.
plai nti ff. Fitzh. Nat. Brev. 55. C; S Bl. A ; Tel'rnes de la Ley.
Comm. 227. 228. Abolished by St. 3 & 4
DEACON. rn ecclf-siastical law. A min-
Wm. IV. c. 27. S Steph. Corum. 506.
ister or servant in tbe church, whose office is K
DE VENTRE INSPICIENDO. A writ to assist the priest in divine service and the
to inspect the body, where a woman feigns di stribution of the sacrament. It is the low-
to be pregnant. to see whether she is with est order in the Church of England.
child. It lies for the h e i r presumptive to ex­
amine a widow sllspected to be feigning
DEAD BODY. A. corpse. l
pregnancy in order to enable a suppositi tious DEAD FREIGHT. When a merchant
heir to obtain the estate. 1 ill. COlUm. 456; who has chartered a vessel puts on board a
2 Steph. Comm. 287. pa rt only of the intended cargo. but yet, hav·
It lay also where a woman senlfmced to ing chartered the whole vessel. is hound to M
death pleaded pregnancy. 4 .HI. Comm. 495. pay freight for the u nocc upied capacity, tile
 ,

DEAD LETTERS 334 DEATH

freight thus due is called "dead freight." L this the testator bad the unqualified disposal,
R. 6 Q. B. 528; 15 East, 547. Bell.

DEAD LETTERS. Letters which the DEAF AND DUMB. A man that ill
postal department has not been able to d� born deaf, dumb, and blind is looked lIpan by
liver to the persons for whom they were in­ the Jaw as in the same state with an idiot. he
tended. They are sent to the " dead· letter being supposed incapable of any undersland­
office. " where they are opened. and returned ing. 1 BI. Comm. 304. NevertbelesR. a
to the writer if his address can be ascer­ deaf anLl dumb person may be tried fodelony
tained. jf the pl'isuner can be made to understand by
means of Signs. 1 Leach, C. L. 102.
DEAD MAN'S PART. In Englisb law.
That portion of the effects of a deceased per­ DEAFFOREST. In old English law.
eon which, by the cHstom of London and To discharge from being forest. To free
York, is allowed to the administrator ; being. from forest laws.
where the decease11 1eaves a widow and chil­
DEAFFORESTED. D iSCharged f"om
dren, one·third; where he leaves only a widow
being a forest, or freed and exempted from
or only children. one-half; and. where he
the forest laws.
leaves neither, the whole. This portion the
ndministrator was wont to apply to his o w n DEAL. To traffic; to transact businessi
use, till the statute 1 Jac. II. c. 17, declared to trade. Makers of an accommodation note
that thfl same should be subject to the statute are deemed dealers with whoever discountll
of distributions. 2 Dl. Comm. 518; 2 Steph. It. 17 Wend. 524.
Comm. 254; 4 Reeve, Eng. Law, 83. A
DEALER. A dealer, In the pop"lar, and
similar portion in .3cotcb law is called " dead's
therefore in the sLatutory. sense of the word,
part," (q. �.) is not one who buys to keep. or makes to scU.
DEAD·PLEDGE. A mortgage ; mort­ but one who buys to sell again. 27 Pa. St.
uum 'Vadium. 494; 33 Pa. St. ·S80.

DEAD RENT. In English law. A rent DEALINGS. Transactions in the course

payabJeon a mining l�ase i n addition to a roy­ of trade or business. Held to incllld� pay­
alty. so called because it is payable although ments to a bankrupt. Moody &. M. 137; S
the mine may not be worked. Car. &; 1'. 85.

DEAD USE. A future use. DEAN. In English ecclesiastical law.

A n ecclesiastical dignitary who presides over
DEADHEAD. This term is applied to
the chapt(>r of a cathedral. and is next in
persons other than the officers, agents. or em­
rank to the bishop. So called from having
ployes of a rail road company who are per­
been originally appointed to superintend ten
mitted by the company tu travel on the road
canons or prebenda.ries. 1 HI. Comm. 382 ;
without paying any (are therefor. Phil­
lips, 21-
Co. Litt. 95; Spelman.
There are several kinds of deans, namely: Deans
DEADLY FEUD. In old EuropMn of chapters ; deans of peculia-rs; rural deaus; demlll
law. A professi on of irreconcilable llu ll'ed in the colleges; honorary dcans j deans of provo
inces.
till a per:;,on is revenged even by the death of
his enemy. DEAN AND CHAPTER. In ecclesi­
astical law. The council of a bishop. to as�
DEADLY WEAPON. Sucb w.apons
sist him with their advice in the religious
or instruments as are made and dt'1iigned
ancl lllso i n tho temporal affai rs or the see. 8
for offensive or defensive p u rposes, or for
Coke, 75; 1 Bl. Comlll . 3�2; Co. Litt. 103,
tbe destruction of life or the illtiiction of in­
300.
Jury. 8 BliSh, 387.
A deadly weapon is one likely to produce DEAN OF THE ARCHES. The pr.·
death or great boLlily harm. 58 Cal. 245. siding j udge of the Court of Arches. He ill
.A deauly wl'apon is one which in the mall­ also an assistant judge in the court of ad­
ner used is capable of producing death, or of miralty. 1 Kent, Corum. 371; 3 Steph. Comm.
inflicting great bodily inj ury, or sl'riously 727.
wounding. 4 Tex. App. 327.
DEATH. The extinction or life; the de­
DEAD'S PART. In Scotch law. The parture of the soul from the body; defined
part remaining over beyond Lha shares se­ by physicians as a foLal stoppage of the cil'­
cured to the widow and children by law. Of culalion of tile blood. and a cessation 01. the
 DEATH 335 DEBET QUIS JURI, ETC.

animal and vi tal functions consequent th ere­ tied to a drawback, (q. ?:lo.) specifying the
!In, such as respiration, pu lsation, etc . amo u n t and time when payable. See Act
In legal contemplation. it is of two kinds: Cong. March 2, 1799, § 80.
(I) Nalw'al, i. e., the e x tinction of life ; (2) In E nglish law. A security for a loan
civil, w h e re a p ers on Is not actually dead, of money issued by a public compa.ny, USU4
but is ad judged so by the law, as when a aUy creat.ing a charge on tue whole or a part
person is banished or abj ures the realm, or of the co m pan y ' s stock and property. thou gh
en ters into a mom lstery. Civil death also not n ecessar ily in the form of a mortgage .
occurs where a man, by act of parliament or They are subj ect to certain regulations as to
judgment of law , is attai nted of treason or the mode of transfer, and ordinarily have
felony; for i mmediately upon such attainder coupons attached to facilitate the payment of
he loses (subject, indeed, to some exception s) interest. Th ey are generally issued i n a
bis civil ri ghts and cap ac i lies, and beco mes. series. w ith p r ovision that they shall rank
as it were, civiliter moduus. B u t now, by pari passu in p roportio n to their amounts.
tbe 33 & 34 Vict. c. 23, forfeiture for trea­ An instrument in use in some government
Bon or felony lias been abolished, but the per­ departmentsl by which government is chargeu
son convicted is disqualified for offices, etc. to pay to a creditor or his assigns the su m
Wharton. found due on auditing his accounts. Brande;
Nat1�ml death is also used to denote a death Blount.
which occurs by the unassisted operation of nat­
ural causes, as distinguished from a violent death, D E B E N T U R E STOCK. A .tock or E
or one caused or accelera.ted by tohe interference ot fund representing money borrowed by a com·
human agency. panyor public body, in England. and charged
DEATH· BED. In Scotch law. A state on the whole or part of its property.
of sickness which ends in dea.th. Ersk.
Debet esse finis There ought
litInm. F
Inst. 3, 8, 95.
to be an end of suits; there should be Bome
DEATH· BED DEED. In Scotch law. period put to litigati on . Jenk. Ceut. 61.
A deed made by a person while labori ng
He owes a nd
G
DEBET ET DETINET.
under a distemper of which he afterwa rds
detains. Words anciently used in the orig-
died. Ersl{ .lust, 3, 8, 96. A d eed is
inal writ, (and now, in English, in the pl ai n·
understood to be in death ·bed. if , before
tiff's deGlaration, ) in a n action of debt. where
signing and delivery thereof. the grantor
it was brought by one of the ori ginal con�
the H
w as sick, and never convalesced thereafter.
tracting par ties who persona.lly gave
1 Forbes, Inst. pt. 3, b. 2, c. 4, tit. I, § 1.
credit, Hgainst the other who personalIy in­
But it is not necessary that he should be
curred the debt, or against bis beirs. if they
actually con fi ned to his bed at the time of
were b o un d to the pay m ent ; as by the oL ligee
m aki ng the deed. Bell.
against the Obli gor, by the landlord against
DEATH'S PART. See DEAD'S PART ; the tenant, etc. The declarat i on, in such I
DEAD MAN'S PAnT. cases , states that th e defendant "owes to," 8S
DEATHSMAN. The exec utioner; hang­ w ell as Ie detains from, " the plai otiff the debt
man; he that exec utes the extreme penalty of or thing in question ; and hence the action is
said to be " i n the debet et detinet. " Where
the law
the declaration merely states that the defend· J
DEBAUCH. To entice, to corru pt, and, ant detains the debt, (as i n actions by aud
wilen used of 8 w o m an , to seduce. Origi­ against an e xecu tor for a debt due to or from
nally, tbe term had a limited S ignifi cation,
the testator,) the action is said to be " i n the
meaning to entice or draw one away from detinet" alon e. Fitzh. Nat. Brev. 119, G . ; It
his work , employment, or d II ty; and from
3 BI. Comill. 155.
this sense its applica tion has e nla rged to in­
clude the corruvtion of manners and viola­ DEBET ET SOLET. (Lat. He owe. and
tion of the person. In its modern legal sense, 18 used to. ) Where a man su es i n a writ of
the word carries wi th it the idea of " carnal
k n owledge. " aggravate d by assault, violent
right or to reco ver any right of which he is
for the first time disseised, as of a s u it at a
L
sed uction, ravishment. 2 Hilt. 323. mill or in case of a writ of quocl permittat,
be brings his writ in the debet et :iolet. Reg.
DEBENTURE. A certificate given by
Or ig , 144aj Fitzh. Nat. Brev. 122, M.
the collector of a port. under the United
States customs laws. to t he e1Iect that an im­ Debet quis juri subjacere ubi delin- M
porter of merchandise therein named is en� Quit. One [e very one] ought to b. subj ect
 DEBET SUA CUIQUE. ETC. ll36 DEBT

to th e law [of the pl ace] where he offends. 3 DEBITUM. Something due, or owing'
lost. 34. This maxim is taken trow Braeton. a debt.
Bract. fol. 1Mb.
Debitum at contractus aunt nu1l1u8
Debe t sua cuique domus esse perfugi. loci. Debt anel contract are or [belong t<>;
am tutissimum. Every mao s house should
'
no place; h ave no particular local ity . The
be a perfectly safe refuge. 12 Johlls. 31. 54. obligation i n these cases is purely personal,
and a ct ion s to en force it may be brou-ght
Debile fundamentum fsUit opus. A any whe re . 2 lost. 231j Story, Can t!. Laws.
w eak foundation frustrates [or rende rs
vain] § 362; 1 Smith. Lead. Cas. 340. 363.
the work [built upon it. ] Shep. Touch. 60j
DEBITUM IN PRlESENTI SOL·
Noy, Max 5. m<\x. 12: Finch. Law. b. 1, eh.
.

VENDUM IN FUTURO. A debt Or ob­

:l. When the foundation fai ls all goes to ,

l igation compl ete when contracted . but ot

the ground; as, wh ere the cause of action
wh i ch the performance caunot be required
fails, the action itself must of netessity fail.
till some future period.
Wing. Max., 113, 114. max. 40; Broom, Max.
IBO.
DEBITUM SINE BREVI. L. Lat.

DEBIT. A sum chargf'd as nue or oWing. Debt without writ; debt without u decial'a�
The term is used i n book.kct'ping to de note tion. In old practice, this term denoteli an
the charging of a pe rson or an accou nt with acUon begun by origi nal bill. instead of by
all that is s upp lied to or paid out for him or writ. In modern usage. it is someti mes ap­
for the subject of the account. plied to a debt evidenced by co nfessi on ot
judgment without suit. The equ ivalent
DEBITA FUNDI. L. Lat. In Scotcb Norman-Erench ph rase was "debit sans
law. Debts secured upon land. .Ersk. lost. breve." Both are abbreviated to d. s. b.
4. 1. 11.
DEBT. A sum of money due by certain
DEBITA LAICORUM. L. Lat. In and express agreement ; as by bond for a de­
old E nglis h law. Debts of th e laity. or of t ermi nate sum, a bill or no te , a s peci al har­
lay persons. Debts recoverable in tile civil ga in or a rent reser v ed on a lease, where
,

courts were anciently 80 called. Crabb, Eng .
Law, 107.
Debita sequuntur personam debitoris.
Debls follow the persoll of the debtor; that
is, they llave no locality. and may be collect­
ed wherever the debtor can be fou nd. 2
Kent, Curnm. 429 ; Story ConH. Laws, § 362.
.
the (lmount is Gxed and specific, an d does
not depend upon nny subsequent valualion
to selt1e it. 3 131. Comm. 154.
A. debt issum of money due by contrilct.
a
It is most fn:quently due by a certain and ex­
press agreement. which fixes the amount, in­
dependent of extrinsic circu mstances. But
it is no t essential l ha t the contract should be

express, or t hat it should fi x the precise

DEBITOR. In the civ i l and old English
amount to be paid. 1 Pet. 145.
law. A debtor.
Standing alone, the word " debt" is as applicable
to Il sum of money which has been prom i sed at a
Debitor non prresumitur donare. A
futUre day, o.s to u sum of money DOW due Ulld pay­
debtor is not presumed to make a g ift . able. '1'0 distinguish between the t.vo, it may be
\Vbalever disposition b e makes of his prop­ said of the former that it is a debt owing, and of
erty is supposed to be in satisfaction of his the latter that it is a debt due. Whether a claim
01' demand is a debt or not is in n o respect deter­
debts. 1 Ka mes Eq. 212.
, Wh ere a clout-or
milled by a reference to tbe t.ime of payment. A
gives money or gaoLls, or g ran ts land to ILis sum of money which is certainly and in all events
creditor. the natural presumption is that he payable is a debt, without regard to the fact
means to get free from his obligation. and whether it be payable now'ol' at a future time. .A
sum payable upon a- contingcllcy, however, is not.
n ot to make a present. un less donation be
a debt, or does not become a debt until the contino
expr�s�ed. Ersk. lost. 3, 3, 93.
gency has bappened. 37 Cal. 524.
The word "debt"is onarge import, including not
Debitorum pactionibu8 creditorum only dcbts of record, or judgmel1ts, aud debts by
petitio nec toli nec minui potest. 1 specialty, but also obligatio us arisin g under sim­
Poth. ObI. 103; Broom. Max. 697. The ple contract:., to a very widecxtentj and in its pop­
ular sense includes all that is due to n man under
rights of creditors can neither be Laken away
any form of obligation or promise. B Mete. (Mass.)
nor d im i n ished by agr eemen ts among the 522, 526.
debtors. "Debt" has been dUferently defined, owing to
the dift'ereot subjectrmatter of the sLatutes in
DEBITRIX. A female debtor. wbich it bas been used. OrdwarUy, it, imports a
 DEBT Btl7 DECANUS

sum of monoy arising upon a oontract. express or DEBT BY SPECIALTY. A debt dne,
Implied. In Its more general sense, It is d.efioed
or a<:knowletlgcd to ue due, by some deed or
to be thatwhtch is due from one person to another,
whet.her.moDey. goods, or services ; that which one
instrument llDder seal; as a deed of covenant
person is bound to payor perform to another. Un­ or sale, a lease reserving rent, or a bond or
der the legal-tender statutes, it seems to import obligation. 2 BI. Comm. 465. See SPEOIALTY.
any obligation by contract, express or implied,
which may be dischargod by money through the DEBT EX MUTUO. A species of debt
volUntary action of the party bound. Wherever or obligation mentioned by Glan \'ille and
he may be at liberty to perform bis obligation by
the payment of n specifio sum of money. the party
Bradon, and which arose ex mutuQ, ant of a
owing the obligation is subject to what, in these certain kind of loan. Glan. lib. 10, c. 3;
ltatuteS, is tm'mod "deht. " 45 Barb. 618. Bra.ct. fol. 99. See MUTUUM; Ex Mul'uo.
The word is sometimes used to denote an DEBT OF RECORD. A debt which
aggregate of separate debts. or the total sum appears to be due by the evidence of a court
o f the existing claims against a person or
of record, as by a jUdgment or recognizance.
company. Thus we speak of the " national 2 BI. Comm. 465.
debt, " the " bonded debt" of a corporation,
etc. DEBTEE. A person to whom 8 debt Is
due; a creditor. 3 Bl. Comm. 18; Plowd.,
Synonyms. The terril udf'mand" is of
543. Not used.
milch broader import than "deut," Hnd em­
braces rights of action belonging to the debt­ DEBTOR. One who owes a deut; he E
or beyond those which could appropriately ue who may be compelled to pay a claim or de-.
called "debts . " In this respect tbe t€.'rm "de­ mand.
mand" is one of very extensive import. 2
DEBTOR'S ACT 1869. The statute 32
Hill, 22-3.
& 33 Viet. c. 62, abolishing imprisonment
Tbe words "debt" and "liability" are not
for debt in England, and for the punishment F
synonymous. As applied to the pecuniary
of fraudulent debtors. 2 !:Steph. Corum. 159-
relations of parties. liability is a term of
164. Not to be confounded with the Bank­
broader Significance than debt. The legal ruptcy Act of 1869. Mozley &
Whitley.
a.cceptation of debt is a sum of money due uy
certain and express agreement. Liability is DEBTOR'S SUMMONS. In Englisn
G
responsibility j the state of one who is bound law. A summons issuing from a court hav­
In law and j"ustice to do something which ing jurisdiction i n bankruptcy, upon the
may be en forced by action. This liability credilor proving a liquidated debt of not less
Dlay arise from contracts either express or than £50. which he has failed to collect afte r H
implied, or in conseq llence of torts com mitted. reasonable effort, stating that if the debtor
86 Iowa, 226. fail. within one week if a trader, and within
UDcbt" is not exacUy synonymous with three weeks it a non·trader, to pay or com­
IMduty." A dl:'bt is a legal liability to pay pound for the slim specified. a petition may
a specific sum of money; a duty is a leg-al be presented against him praying that bemay I
obligation to perform some act. 1 Minor, be adjudged a bankrupt. Bankruptcy Act
120. 1869, § 7; Robs. Bankr. ; Mozley & Whitley.
In praot i ce . The name of a com mOD­ DECALOGUE. The ten commandments
law action. which lies to recover a certain given by God to Moses. The Jews called
apecilic SUIll of money, or a sum that can them the "Ten Words. " hence the name.
J
rE'adUy be reduced to a certainty. 3 Bl.
DECANATUS, A deanery. Spelman.
ComlU. 154; 3 Steph. Comm. 461; 1 Thld.
A compauy of tel) persons. Calvin.
Pro S.
It is suld to He in tbe debet and detinet, (when DECANIA. The office. jurisdiction. M
!tis stated that tbe defendant owes and detains,) territory, Or command of a decanuli, or dean.
or in the dcH'net, (when it is stated merely that .
be detains.) Debt in the detinet for goods differs
Spelman.
from detinue, because it is not essential in lhis DECANUS. In ecclesiastical and old
aotion, as in dotinue, that the specific property in
the goods should have been vested in the piaintUf
An officer having super-
European law. l
at tbe time the action is brought. Dyer, m. vision over ten,. a dean. A term applied not
only to ecclesiastical. but to civil and mili­
DEBT BY SIMPLE CONTRACT. A itary. officers. Decanlls monastiCll-8; a mo.­
debt or demand founded upon a verbal or nastic dean. or dean of a monastery; an offi-
Implied contract, or upon any written agree.. cer over ten monks. Decanus in majort M
ment that. is not under seal. ecclesia:; dean of a cathedral church, presid-
AM.DIOT.LAw-22
 DECANUS 338 DECIDE

ing over ten prebendariefJ. Decanus episcopl, ; .Also the name of a judicial writ which
a bishop's or rural dean. presiding over ten formerly lay to recover lands which had been
clerkR or parishes. Decanus fl'i&01'gi; dean lost by default by the ten<lnt i n a real aclion.
of a friborg. .An officer among the Saxons in consequence of his not having been sum­
who presided over a fri borg. tithing, decen. moned hy the sheriff. or by the colluoion ot
nary, or association or ten ill habitants ; other­ his attorney. Rose. Real Act. 136; 3 Bl.
wise calle d a '''tithing man, " or " borsho]ul l'. " Com Ill . 166.
Decamls 1nilita'l'is ; a m i l itary officer. having
DECEM TALES. (Ten .uch; or ten
command of ten soldiers. Spelman.
tales, jurors.) In practice.
The name of a
In Ro man law. An ame8r having the
writ which issues in England. where, on a
corn maud of a company or " mess" of ten
trial at bar, ten jurors are necessary to make
soldiers. Also an officer at Constantinople
up a full panel. commanding the sheriff to
baving cbarge of the burial of the dead..
summon the requisite number. anI. Comm.
DECAPITATION. The act of behead­ 364; Reg. Jud. 30b; S Staph. Comm. 602.
ing. A mode of capital punishment by cut-­
DECEMVIRI LITIBUS JUDICAN­
ting off the head.
DIS. Lat. In the Roman ]aw . . Ten per­
DECEASE. n. Death; departure from Bons (five senators and five equites) who
life. acted as tbe council or assistants of tha prre­
tor, when he dedded on matters of law.
DECEASE, t). To die; to depart life. or HHlIifax, Civil Law, b. 3, c. 8. According
from life. This has always' been a common to others. they were themselves j udges. Cal­
,
term in Scotch law. "Gif ane man deceasis. t vin.
Skene.
DECENNA. In old English law. A
DECEDENT. A deceased person; one tithing or decennary; the precinct of a frank·
who haslalely died. Etymologically the word pledge; consisting of ten freeholders with
denotes B person who is dying, but it has their families. Spelman.
come to be used in law as signifying any de.
fUnct person, (testate or intestate.) but al­ DECENNARIUS. Lat. One who held
ways with reference to the settlement of bis one-half a virgate of land. Du Cange. One
estate or the execution of h i s will. of the ten freeholders in a decennary. Jd. ;
Calvin. Decennier. One o( the decenna1"ii.
DECEIT. .A fraudulent and cheatillg or tl'n freeholders making up a tithing. Spel.
misrepresentation. artifice, or device, used man.
by one or more persons to decel ve and trick
another, who is ignoranto( the true facts. to DECENNARY. A tithing, composed of
the prejndice and damage of t.he party im­ ten neigbboring families. 1 Ueeve. Eng.
posed lIpan. Law, 13j 1 BI. Comm. 114.
A subtle trick or device, whereunto may
Deceptis nOD decipientibus. jura Bub�
be referred all manner of craft and collusion
veniuDt. The laws help persons who are
used to deceive and defraud another by any
decei ved. not those deceiving. Tray. Lat.
means whatsoever. which hath no other or
Max. 149.
more proper name than deceit to d i stinguish
the offense. [West oymb. § 68;] Jacob. DECERN. In Scotch law. To decr�e.
'fhe word "deceit, " us well as "fraud, 11 excilldes " Decernit and ordainlt." 1 How. Stat.e Tr.
the idea of mistake, and imports knowledge that 927. "Dccerns. 11 Sha Wt 16.
the artifice or device used to deceive or defraud is
untrue. 1)1 TIl 373. DECESSUS. In the civil and old En­
In old E n gl ish law. The name of an glish law. Death; departure.
original writ. and the action fOllnded on it,
Decet tamen principem servare leges
Which lay to recover dam ages for any injury
quibus ipse servatus es t It behoves. in·
.

committed deceitfully, either in the name of

deed. the prince to keep the laws by Which
another, (as by bringing an action in anoth­
he himself is preserved.
er's name. sDd t.hen suffering a nonsuit,
whereby the plaintiff became liable to costs,) DECIDE. To decide includes the power
or by a fraudulent warranty of goods. or and right to deliuerate, to weigh the reasons
.other personat inj ury committt='d contrary to for and against. to see which preponderate,
good faith and hunesty. Reg. Orig. 112-116j and to be governed by that preoonderance.
Fitzh. Nat. Brev. 95. E. 98. 5 G ray. 253.
 DECIES TANTUM 339 DECLARA'£IO:-< OF INTENTION

D E C I E S TANTUM. (Ten times as cept, or tender the same proposal back again.
much.) The name of an a.ncient writ that otherwise the w hole was ta.l{en as confessed
was used against a juror who had taken a by him. Cod. 40, I, 12.
bribe in money for his verdict. The inj ured
DECLARANT. .A. person who makes a
party could thus recover ten times the amount
declaration.
of the bri be.

DECIMlE . In ecclesiastical law. Tenths. DECLARATION. In pleading. The

or tithes. The tenth part of the annnal first of the pleadings on t h e part of the plain­

profit of eaeb living, payable formerly to the tiff ill an action at law. being a formal and

pope. There wtJre several valuations made methodical speci Gcation of the facts and cir­

of these livings at different times. The de· cumstances constituting his cause of action.

eimct (tenths) were app ropriate d to Lhe crown, It commonly cOlnprises several sel:tions or
and a new valuation established, by 26 Hen. divisions. called "collnts," and its formal

VIII. c. S. 1 Bl. Com m . 284. See TrrlIES. parts follow each other in this order: 'ritle.
venue, COllmeucement. cause of action,
Decimoo debentur parqcho. Tithes are
cou nts. conclusion. The declaration, at
due to. the parish priest. common law, answers t.o the "libelu in ec­

Decimre de decimatis solvi non de­ clesiastical and admi ralty law. the "bill" in
bent. Tithf's are not to he paid from that equity, the "petition" in civil law. the "com-

which is gi ven for tithes. plaint" in code pleading, and the "count" in E
real actions.
Decimoo de jure divino et canonica in­
In evidence. An unsworn sta.tement or
stitutione pertinent ad personam. Dal.
narration of facts made by a party to the
50. Tithes belong to the parson by divine
right and canonical institution.
transaction. or by one who has an interest in F
tho existence of the facts recounted. Or a
Decimre non debent solvi, ubi non est similar slalement made by a person since de­
annua renovatio ; et ex annuatis reno­ ceased. which is admissible in evidence i n
vantibus simul s e m e 1 . Cro. Jac. 42. some en.ses, contrary to t h e general rule, c. g.,
Tithes ought not to be paid where there is a "dying declaration . " G
not an annual renovation. and from annual In practice. The declaration or declara.
renovations once only. tory part of a j udgrnent, decree. or order is
that part which gives the decision or opinion
DECIMATION. The p u n ishing every
of the court on the question of law in the
tenth soldier by lot. for mutiny or oLher fail­
ure of duty. waS termed "decimatio legio­ case. Thus, i n an action raising a question H
as to the constructi o n of a. will, the jUdgment
nis" by the Uomans. Sometimes ollly the
or order declares that, accort..l i ng to the true
twentieth man was punished. (vicesimatio,)
construction of the will. the plaintiff has be­
or the h undredth, (centesimatio.)

DECIME. A French coi n of the value of

come entitled to the residue of the testator's
estate, or Lhe like. Sweet.
I
the tenth part of a franc. or nearly two cents. In Scotch pra ctice . The statement of 8

Deci pi quam fallere est tutius . It is criminal or prisoller, taken before a magiS­

safer to be deceived than to deceive. LalIt, trate. 2 Alis. Crim. Pro 555.
396. J
DECLARATION OF INDEPEND­
DECISION. In practice. A jUdgment ENCE. A formal declaration or anllounce­
or decree prODOl! nced by a collrt in settle­ ment, promulgated July 4, 1776, by the
ment of a eontroversy submitted to it and congress of tile Uniteu States of America. in
by way of authoritative answer to the ques­ the name and behalf of the people of the col· K
tions raised before it. onies, asserti ng and proclai ming their inde­
"Decision " is not synonymous with "opin. pendence of the British crown, vindicating
ton. " A decision of the court is its judg­ their preten Sions to political autonomy, and
announcing t hemselves to the world as a free
ment; the opinion is the reasons given for
that j lldgment. 13 Cal. 27. and independen t nation.
L
DECISIVE OATH. In th e civil law. DECLARATION OF INTENTION.
Where one of the parties t o a suit, not being A declaration made by an alien, as a prelim..
able to prove his charge, offered to refer tile inary to naturalization, before a court of re�
decision of the cause to the oath of his adver· ord, to the effect that it is bona fide his in­
M
sary, which the adversary was bound to ae- ten tion to become a citizen of the United
 DECLARATION OF PARIS 340 DE COLLATIO

States, and to renounce forever all allegiance DECLARA.TORY JUDGMENT. A

:lIld fidelity to nny foreign prince, potentate, declaratory judgment is ODe which simply
state, OJ' sovereignty whereot at tllS time h e declares the rights of tbe parties, or exprc5sea
may b e a citizen or s ubject. Rev. St. § 2165. the opinion of the court on a question of law,
without ordering anything to be done.
DECLARATION OF PARIS. The
name given to an agreement al1noullcing four DECLARATORY PART OF A LAW.
important rufes of international law effectec'l That which clearly defines rights to be ob­
between the principal European powers at served and wrongs to be eschewed.
the Congress of Paris in 1�56. These rules
are: ( 1 ) Privateering is and remains abol·
DECLARE. To solemnly assert 8 fact
before witnesses, e. g., where a testator de­
iSbed; (2) the neutral flag covers enemy's
clans a paper signed by him to be his last
goods, except con traband of war; (3) neutral
will and te�tameDt.
goods. except contraband of war, are not H­
This also is One of the word� customarily
able to confiscation under a l105lile flag; (4)
used in the promise given by a person who is
blockades. to be binding, must be effective.
affirmed as n wituC'ss,-" sinccrely and truly
DECLARATION OF RIGHT. See declare and affirm." Hence, to make a posi­
BILL OF HIGll'l'S. tive and solemn asseverat.ion.
DECLARATION OF TRUST. The With reference to pleadings, it mealls to
act by which the person who holds the legal draw up, serve, and file a declaration; e. g.,
title to property or an estate acknowledges a "rule to declare." Also to allege in a dec­
and declares that he holds the same in ,trust laration as a ground or caus£' of action; as
to the use of another person or.. for certain "he o.eclar€!s upon a promissory note."
specified purposes. The name is also used to
DECLINATION. In Scotch law . A
de:5ignate the deed or other writing embody­
plea to the j u risdiction. on the gronnd that
ing such a dec:laration.
the judge is interested in the suit.
DECLARATION OF WAR. A public
and formal proclamation by a nation, through DE {lLINATOIRES. In French law.
Plel\S to the jurisd iction of the court; also ot
its executive or legi::;laU ve deparLlUellt., t.hat
a state of war exists between itself and an­
lis pendens, and of connexite, (q. v.)
other nation, and forbidding all persons to DECLINATORY PLEA. In English
aid or assist the enemy. practice. The plea of sanctuary, or of hene­
DECLARATOR. In Scotch law. An fit of clergy, before tri ..l or convi ction, 2
action whereby i t i s Bought t o have SO lll e Hale, P. C. 236; 4 HI. Com 111 . 333. Now
right oC property, or of status, or other right abolished. 4 Steph. Comm. 400, note; Id.
judicially ascertained and declared. Bell. 436. note.

DECLARATOR OF TRUST. In Scotch DECLINATURE. In Scotch practice.

law. An action resorted to against a trustee An objection to the j u risdiction of a j lllige.
who holds property upon titles ex facie for Bell.
his own benefit. Bell. DECOCTION. The act of boiling a sub­
DECLARATORY. ExplanatorYi de­ stance in water, for extracting its virtues.
signed to fix: or elucidate what liefore was un· Also the liqllor in which a substance bas been

certain or doubtful; as a declaratory statute, boiled; wtlter impregnated with the princi­
which is one pa8sed to put an end to a doubt pies of any animal or vegetable substance
as to what the Jaw is, and which declares boiled in it. '\Vebster.
what it is and wlJat it has been. 1 BI. In an indictment "decoction" and " i n_
Comm. 86. fusion" are �/ls(lem generis; and if one is al­
leged to have been administered, instea,\ of
DECLARATORY ACTION. In Scotch
the other, the variance is i m material 3
law. An action in which the right of the pur­
Camp. 74.
suer (or plaintiff) is craved to be decla1'ed.
but nothing claimed to be done by the de.. DECOCTOR. In the Roman law. A
tender. (derendant.) Ersk. ln.t. 5. 1. 46. bankrupt; a spendthrift; a squanderer ot
Otherwise called an "action of declarator." puhlic funds. Calvin.

DECLARATORY DECREE. In prac. DECOLLATIO. In. old English and

tice. A binding declaration of right in equity Scotch law. Decollation; the pnni shment or
wit.hout consequential relief. beheading. Fleta. lib. 1 . c. 21. § 6.
 DECONFES 841 DECREIJ.ENTUM MARIS

DECONFES. In Fre nch law. A. Mm. lute on motion, and the di ss ol ution takes ef­
formerly gi ven to those persons who died fect, subject to appeal. Wharton.
without confession. whether they refused to
DECREE OF CONSTITUTION. In
con fess or whether they were criminals to
Scotch practice.
wliom the sa crament was re fu s ed .
A decree by which a debt
Is ascertained. Bell.
DECOY. A. po nd used for the breedin g In technical lan gu age, 8 decree whi ch is
and maintenance of water-fowl. 11 Mod. 74, requisi te to found a tit1e in the person of the
130; 3 Salk. 9. creditor, whether that necessi ty arises from
the death of the debtor or of the creditor. Id.
DECOY LETTER. A. letter prepared
and mailed tor the purpose of detecting a DECREE OF FORTHCOMING. In
criminal, partic ular ly one who is perpetrat­ Scotch law. A decree made after an arrest­
ing frauds upon the postal or reven ue la WB. ment (q. v.) ordering the debt to be paid or
S Dill . 89. the effects of the debtor to be delivered to the
arresting creditor. Bell.
DECREE. In practice. The judgme nt
of a court of equity or admiralty, answerin g DECREE OF LOCALITY. In Scotch

to tbe judgment of a court of com mon law. law. The decree of a teind court allocating

A decree in equity is a sentence or order of stipend upon different heritors. It is equiva­

to the
the court, pronou nced on hearing and under­
standi ng all the pa ints in issue, and deter­
lent
charge.
apporti on ment ot a tithe rent-
E
mining the right of all the partlf!s to the suit, DECREE OF MODIFICATION. In
according to equUy and good conscience. 2 Scotch law. A decree at the teind court
Dan iell, eb. Pr. 986. modifying or fixing a stipend .
Decree is tbe judgment of a court of equity, and F
Is, to most intents and purposes, the same as a DECREE OF REGISTRATION. In
judgment of a court of common law. A decree, as Scotch law. A proceed in g giving immediate
distinguisbed from an order, is final, and is made
execution to the creditor ; similar to a war­
at the hearing of the cauae, whereas an order is
raut of attorney to confess jUdgment.
interlocutory, !lDd Is made on motion or petition.
G
In Scotch law.
Wherever an order may, in a certain event result­
ing from the direction contained in the order, lead
DECREET. The final
to tho termination of the suit in like manner as a j Udgm ent or sentence of a court.
decree made at the hearing, it La called a "decretal
order. " Brown. DECREET ABSOLVITOR. In Scotch
A decree dismisSing a clai m . or ao-
It is either interlocutory or flnal; the former law.
H
quitti ng a defendant .
where it passes upon some plea or issue ariSing
2 Kames. Eq. 367.
In the cause, but not involving a definitive adjudi­
cation of tbe main question; the latter where it D E C REET ARBITRAL. In Scotch
An award of arbit rators.
finally determines the whole ma.tter in dispute.
law. 1 Kames.
Certain acts of the leg­
In French law.
islature or of the sovereign which have tile
Eg. 312. 313; 2 Kaw"". Eq. 367.
I
force of law are called " decrees ; n as the Ber­ DECREET COGNITIONIS CAUSA..
lin and Milan decrees. In Scotch law. When a creditor brings his

In S cotch law. A 60al

action against the beir of his debtor in order
to con stitute the debt against him and at;..
jlld gment or
sentence of court by which the questioD at
tach the lands. and the heir ap pears and re.­
J
issue between the parties is decided.
nounces the succession. the court then pr�
DECREE DATIVE. In Scotch law. Dounces a decree cognitionis causa. Bell.

An order ot • probate court appointing an

D E C R E E T CONDEMNATOR. In K
Scotch
administrator.
law. One where the decision is in
DECREE NISI. A provisional deere•• favor of the plaintiff . Ersk. lnst. 4. 3. 5.
which will be made absolute on motion un­
DECREET OF VALUATION OF
In Scotch law. A sentence ot
less cause be shown against it. In English
practice. it 11 tbe order made by the court
TEINDS.
the cou rt ot sessions. ( who are now in the
L
fur div orce. on satisfactory proof being given
place of the commissioners for the valuation
tn sup port of peti tion for dissol utio n of
&
of teind s. ) determining the exttlnt and value
marriage ; it remains im p er fec t for at least
ot teinda . Bell.
six montbs, ( which period may be sbortened
by the court down to three , ) and then. unless DECREMENTUM MARIS. Lat. In M
suffici ent cause be shown, it is m ade abso- old English law. Dec rease of tile Ilea; the
 DECREPIT 342 DEDICATE

receding ot the sea from the land. Callis, DECRETUM. In the civil law. A.
Sewers, (53,) 65. See RELIOl'ION. species of impe rial constitution. being &
judgment or sentence given by tbe emperor
DECREPIT. This term designates a per­
upon bearing of a. cause, (quod impe1'ator
Bon who is disabled, incapable, or incom pe­
tent, either from pbysical or mental weak.
cognoscem decrevit.) l nst. 1. 2. 6.
ness or defects, whether prod uced by age or Iq canon la.w. An ecclesiastical law,

other causeR, to slich an extent as to rencler in contradistinction to 8 sec u lar law. (lez.)
the individual comparatively helpless in a 1 Mackel<l. Civil Law, p. 81, § 93, (Kauf.
person.ll conflict with one possessed of ordi­ mann's note. )

nary health nnd strength . 16 Tex. App. 11.

DECRETUM GRATIANI. Gratian',
DECRETA. In the Roman law. Judi· decree. or decretUm. A collection of ecc1e­
cial sentences given by tbe emperor 88 su­ siastical law in three books or parts. lUade in
preme judge. tile year 1151. by Gratinn, a Benedictine
monk of Bologna, being the oldest as well as
Decreta conciliorum non ligant reges
the first i n order of the collections which to·
nostroB. Moore. 906. The decrees of coun­
gether form the body of the noman canon
eils bind not our ki ngs.
law. 1 Bl. Corum. 82; 1 Reeve. Eng. Law,
D E C R E T A L ORDER. In chancery 67.
practice. An order made by the court of
DECROWNING. The act of depriving
chancery. In the nature of a decree. upon a
of a crown.
motion or petition.
An order in a chancery suit made on mo­ DECRY. To cry down; to deprive of
tion or otherwise not at the regular hearing credit. "The king may at any ti me decry
of 8 cause. and yet not of an interlocutory or cry down any coin o r the kingdom. nnd
nature, but finally disposi ng of the cause, 80 make it no longer current . " 1 Bl. Comm.
far as a decree could then bave disposed of 278.
it. Mozley & W�itley.
DECURIO. In the provi ncial adminls·
DECRETALES BONIFACII OCTA­ tration of the Roman empi re. the decndoDs
VI. A supplemental collection of the canon were the chief men or omcial personages of tbe
law, published by Boniface VIII. in 1298, large towns. Taken asa body, the decurions
called, also, II Liber Sextus Decretalium, " of a city were charged with the entire con­
(Sixth Book of the Decretals. ) trol and administration o( its int�rnal affairsj
haV in g powers both magis terial and legi!lla.­
DECRETALES GREGORII NONI.
tive. See 1 Spence, Eq. Jllr. 54.
The decretals of Gregory the Ninth. A col­
lection of the laws of the church, published
DEDBANA. In Saxon law. .An actual
by order of G regory IX. in 1227. It is cum­
hom icide or manslaughter.
posed of five books, subdi vided into titles. and
each title is di vided into chapters. They are
DEDI. (Lat. I have gi ven. ) A word
cited by using an X, (or extra; ) thus " Oap.
used in deeus and other insLruments of con·
S X de Regulis Juris, I> etc.
veyance when such i nstruments were made
DE CRETALS. In ecclesiastical law. in Lati n. and ancienny held to imply 8 war­
Letters of the pope, written at the suit or in­ ranty of title.
stance of one or more persons. determi ning
some point or question in ecclesiastical law. DEDI ET CONCESSI. I have given
and possessing the force of law. The decre­ and granted. The operative words of con·

t.:'lls form the second part of the body of can­
on law.
This is also tbe title at the second ot the
two great di visions of the canon law, the
veyance i n ancient charters of feoffment.
and deeds of gift and grant; the English
"glve1. and granted" being still the most
proper, though not the essential, words by

first being caUed the 01 Decree," (decretum . ) which such conveyances are made. 2 BI.
Comm. 53, 316, 317; 1 Steph. Comm. 164,
DECRETO . In Spanish colonial la w.
177, 473, 474.
An order eroanatingfroffi SOffit! superior tribu­
nal. prom ulgated in the name and by the au­ DEDICATE. To appropriate and 601
thority of the sovereign. in relation to ecele. apart one's private prop erty to some publio
liastical mattera. Schm. Civil Law, 93, use; as to make a private way public by acta
note. evincing an intention to do so.
 DEDICAT10N 343 DEED INDENTED

DEDICATION. In real property law. the body with fire or an iron, so that the
A n appropriation of land to some p ublic use, mark could not be erased, and subsequently
made by the owner, and acc pted fol' such
,' manumi tted. Calvin.
u se by or on belmlf of the public. 23 ·Wis.
DEDUCTION. By IIdednctlon " is un­
416; aa N. J. La w 13.,

derstood a portion o r thing which an heir

.A deliuerate appropriation of land by its
has a right to take from the mass of the suc­
owner for any general and public uses, re­
cession before any partition takes place.
serving to himself no other rights than such
Civil Code La. art. 1358.
a8 al'e perfectly compatible with the full
exercise and enjoyruen t of tile pH hUe uses to
DEDUCTION FOR NEW. In marine
which be bas devoted his property. 22 'Ve nd.
insurance. An allowance or drawback cred­
472.
ited to the ins urers on the cost of repairing a
In copyrigh t law. The first puulication vessel for damage arising from the perils of
of a work, without havi n g secllred a copy­ th e sea insured against. This allowance is
right, is a dedication of i t to the public; that usually one-tJlird, and is made on the theory
baving been done, any one may republish it. tbat the parts restored with new materials
o McLean, 32; 7 West. L<�w J . 49 j 5 Mc­ are better, in that proportion, than they were
Lean. 328. before the damage.

DEDICATION-DAY. The feast of ded­

ication of churches. or rather the feast day
DEED. A sealed instrument, containing E
a contract or covenant, deli vered by the party
of the sa.int and patron of a church. which
to lJe b u un d thereby, and accepted by tlie
was celebrated not only by the i n habitants of
pa rty to whom t he contract or covenant
the place, but by those of all Lhe neighboring
F
runs.
villages, who usually c<lme thilher; and auell
.A. writing containing a contract sealed and
assemblies were allowed as lawful. It was
delivered to Lhe party tbereto. 3 Washb.
usual for the people to feast and to drink on
Real l'rop. 239.
those days. Cowell.

G
In its legal sense, a "deed" is an i nstru­
DEDIMUS ET CONCESSIMUS. [Lat. ment ill writing, upon paper or parch-
We bave given and granted.} ·Words used ment, betw een p arties able to contract, sub­
by the king, or where there were more gran­ scriued, sealed, and delivered. 60 Ind. 572;
tors than one. i nstead of dedi et conr:essi. 4 Kent, Comm. 452.
In a more restricted sense, a writte n
DEDIMUS POTESTATEM.
given power.) In English practice.
(We bave
A writ
agreement, signed, sealed, and delivered. by H
which o n e person conveys land, tenements,
or commission issuing out of chancery, em­
or hereditaments to another. This is its
powering the persons named therein to per­
ordinary modern meaning.
form certain acts, as to administer oaths to
The term is also used as synonymous with
defendants in chancery and take their an­
"fact, " "actuality, " or "act of parties. "
swerS, to administer oaths of office to jus tices
Thus a thing " i n deed" is one that has been
ot the peace, etc. 3 Bl. Comm. 447. It was
re:.illy or expressly dune; as opposed to " i n
anCien tly allowed for many pu rposes not now
law," wbi ch means that i t is merely implied
i n use, as to make an attorney, to take th e
or presumed to have been done.
acknowledgment of a fine, etc.
In the United SLates, a commission to take D E ED INDENTED, or INDENT­
test.imony is sometimes termed a "dedimus deed
URE. In conveyanCing. A exe­
potestatem . " 8 Crancll. 293 j 4 Wheat. 508. cuted or purporting to be execu ted in parts1
DEDIMUS POTESTATEM DE AT­ between two or more parties, and disti r. · �
TORNO FACIENDO. I n old English guished by having the edge of the paper c,l'

practice. A writ, issued by royal authoriLy, parchment o n which it is written indentetl

empowering an attorney to appear for a de.­ or cut at the top in a particular manner.

l
fen dant. Prior Lo the statute of 'Vestmin� This was formerly done at the top or side, ih
ster 2. 8 party could not appear in court by a line resembling tile teeth of a saw; a for­
attorney without this writ. mality derived from the ancient practice of
dividing chirographsj but the cutting is now
DEDITION. The act of yielding up aoy­
made either in a waving line, or mor� com�
'hing; surrender.
manly by notching or nicking the paper at M
DEDITITII. In Roman law. Crimi­ tbe edge. 2 Bl. Comm. 295, 296; Utt. § 370;
Dals who bad been marked in the face or on Smith. Cont. 12.
 DEED OF COVENANT
DEED OF COVENANT. Co ve na nts
afQ s o me ti m es entered into by a separate
deed, for tille, or for the indemnity of a
pu rchase r or mor lgagee, or for the prod u ction
of ti tle-deeds. A co ven ant with a penalty is
sometimes taken for the payment of a de bt ,
instead of a bon d with a con diti on . but the
legal remedy 18 the same in eilher case.
DEED POLL. In c onveya nc i ng. A deed
of one par t or made by one p arty unly j and
origin all y so C<\lled because the edge of the paw
per or p a rch ment was polled Ot' cut i n a
stra i ght line. wherein i t was distingu isbed
from n deed indented or indenture.
DEED TO DECLARE USES. A deed
made after 8 fl n e or common re co very, Lo
show the obj ect theroof.
DEED TO LEAD USES. A deed roade
befo re a flne or common recovery, Lo show
the obj �c t thereof.
DEEM. To hold ; consider; adjudge; co)]­
demn. 'V hen, by statute. certain acts are
'Ideembd" to be a crime of a particular nat­
u re, they are silch crimfl, and not a sem­
blance of it. nor a mere fanciful approxima­
tion to or desig nat io n of the offense. 1 32
Mass. 247.
DEEMSTERS. Ju dges in the Isle ot
MaH, wbo decide 8.11 controversies without
procl'ss, writings, or any Charges. Tbese
judges are chos en by the people. and are sa.id
by Sp e lm a.n to be two i n number. Spe l man.
DEER-FALD. A park or fold for deer.
DEER-HAYES. E n gi nes or great nets
Ibade of cord to catch deer. 19 H en . VIII.
c. 11.
D E F A L C A T I O N. Tho act of a de­
faulter; misappropri ation of trust funds or
money held in any fiduciary capacity ; failure
to p rop er ly account for such funds. Usually
spoken of officers of corporati ons or public
officials.
Also set-off. The diminution of a debt or
c1n.im by deducting from it a smaller claim
helll by the debtor or payor.
DEFAMATION. The taking from one's
reputation. The offense of i nj u ri n g 8 p er-
80n's character, fame, or reputation by false
and malicious statements. The te rm seems
to be comprehensive at both libel and slunder.
DEFAMES. L. Fr. Infallous. Britt.
c. 16.
344 DEF END
DEFAULT. The omission or failure to
fulfill a duLy, observe a promise, discharge
an obligation, o r per form an agreement. .
In practice. Omi ssi on i neglect or fail·
ure. When a defendant in an action at law
omits to p lea d within the ti me allowed him
for that purpose, or fails to appear on th&
trial , he is sai d to malic default, and the j udg­
ment entered i n th e former CHse is technical­
ly called a "jud g ment by default." S 131.
Comm. 396; 1 Tidd. Pro 562.
DEFAULTER. One wh"b makes defaul t .
One w ho misappropriates money held by him
in an official or fiduciary ch aracter. or faila
to acco u nt for such mo ney .
DEFEASANCE. An instrument which
de feat sthe force or operat i on of some other
deed or es tate . Tbat.. whicb is In the saml"
de�d is called a "condition ;" and tbat whicb
is i n another deed is a " defeasance." Com.
Dig. " Defeasance . "
In conveyancing. A. collateral deed
made at the same time with a feoffment or
other conveyance, c ontai n in g certain condi­
tion s , upon the performance of which the es­
t.ate then created may be defeated or totally
u nd on e. 2 DI. Comill . 327 ; Co. Litt. 236,
237.
An instrlllDent ac comp anyi n g a bond. re­
cognizance, or j udg me nt, containi ng a con­
dition which, whell performed, deJ�ats ot" UIl­
do.. it. 2 J3!. Com ill. 342; Co. Litt. 236.
237.
DEFEASIBLE. S ubject to be dereated.
annulled, revok�d. or undone upon the hap­
pening of a future event or the perfo r ma nce
of a con diti on subsequent, or by a concli­
tional l imitation. Usually spoken of estates
and interests i n htnd. For instance, a mort­
gagee s estate is defeasible (l iable to be de­
'
feated) by the mortg agor s equity of re dem p­
'
tion.
DEFEAT. S ee DEFEASANOE.
DEFECT. The want or absence of !Om&
legal requisitej deficiency; imperfection j in­
B utlic ie ncy .
DEFECTUM. Challenge propt". See
CHALLENGE.
DEFECTUS SANGUINIS. Lat. Fail­
ure of issue.
DEFEND. To proh i bit or forbid. To
deny. To conteRt and endeavor to defeat a
claim or de m and made J:l ga i nst one in a co urt.
of j us ti ce. To oppose, repel, or resis t.
 DEFEND 345 DEFENSE -iU FOND EN FAIT

In covenants of warranty in deed s, it DEPENSA. In old E ngl ish law. A park

.neans to pro �ect, to wainlctin or keep secure,
to guara nty, to agree to indem n i fy .
DEFENDANT. The person defending
or denying; the p arty against whorn relief or
fE!COvery is sought in an action or s u it.
In common usage, this term Is applied to the
party put upou his defense, or summoned to an­
swer a charge or complaint, tn any species of
tlon, civil or criminal, at law or In equity. Strict- ·
Iy, however, it does not apply to the person again�t
whom a. real nction is brought, for in that procced­
ing the technical usage is to call the parties re­
spectively the� demandant " and the "tenant. "
DEFENDANT IN ERROR. The dis­
tinctive term appropriat e to tile party against
whom a wr it of error is sued ou t.
DEFENDEMUS. Lat . A w ord userl in
gran ts and donations, which binds the donor
and his heirs to df'fend the donee, if any one
go about to l ay any incl1mbrance onthe th in g
given other than what is contained in the
deed of donation. Bract. 1. 2. c. 16.
DEFENDER. (Fr.) To deny : to defend :
to con d uct asuit for a defenda nt ; to forbid ;
to preven t; to protect.
DEFENDER. In Scotch an d canon law.
A defendant.
DEFENDER OF THE FAITH.
pec ulia r title b elo ngi ng to the sovereign
Engl a n d, as tllat of " Cath olic " to the king
of Spain, a nd that of " Mos t Christian" to tile
king of France. These titles were originally
given by the popes of Rome ; and that of
Defensor Fidei wa.s first conferred by Pope
or place fenced in for Jeer, and defended as a
p r oper ty and peculiar for tbat use and serv­
ice. Cow ell.
DEFENSE. That which \s offered an d
alleged by the party proceeded against in an
action or suit. as a reason i n law or fact why
0.0- the plaintiff shouJd not recover or establish
wbat he set:!ks ; what iR put forward to defeat
an act.ion. Mo re properly wha.t is sufficient
when offered for this purpose. In either of
these senses it may be either a denial, jus ti­
fication. or confession and avoidance of t h e
facts averred as a gro u n d of action , or an ex­
ception t o their sntficiency in p oi n t oC law.
In a stricter sense, defense is USE:�1 to de­
n ote tile answer made by the defedrlnnt to
the plaintiff's action, by dem u rre r vI' plea at
law or answer i n equity. This i., Gile mean- E
ing of the term in Scotch Jaw. Ersk. Inst.
4. 1. 66.
Half dMense was that which Whod made by the
form " defends the force snd inj\,ry, aud sa.ys, "
(defe'neUt v£m ct 1.11j1l1'iam, et dict�. ) F
Fu.li, (JeJellsc was that which w ..s made by the
form "defends the foroe and injury when and
where itshall behoove him , and the damages, and
whatever else he ought to defend, " td(j'enait 'Vim
ct 'injmia:rn quando et ubi CUT'ia consider(l.v'it, et
iJarn1l(l et qwlC'llllhl quod 1.pse dcfendere debet, et G
dicit,) common ly shortened into " Jefends the force
A and injury when," etc. Gilb. Com. Pl. 188; 8
of 'l'erm. 632; 8 Bos. & P. 9, note; Co. Litt. 127b.
In matrimonial suits, in Engltl.od, defenses orc
divided into absoLute, i. e., SUCll as, being estab-
lisbed to the satisfactlOn of tht.. court, are a com­
H
plete answer to tbe petition, so tha.t tbe court can
exercise no discretion, but is boand to dismiss the
petition ; and discret'ionary, or snch os, being estab·

Leo X. on King Henry VIlL, as a reward lished. leave to the court a discretion whether it

tor wr i ti n g agai.l1st Marlin Luther; an d the

will pl'onounce a decree or dismiss tbe petition.
Thus, in a. suit for aissolution, condona.tion is an
I
bull for it bears date quinto rclus Octob . •
absolute, adultery by the petitioner a discretionary.
1521. Ene. Lond. defense. Browne, Div. SO.

DEFENDERE SE PER CORPUS Defense also m e ans the forcible repelling

6UUM. To offer duel or combat as a legal of a n attack made unlawfully witb force J
trial lJ,nd appeal. Abolished by 59 Geo. III. and violence.
§ 46. See llATTEL_ In olLl s tatu tes and records. the term means
prohibiti o n ; denial or ref u sal . Encunter le
DEFENDERE UNICA MANU. To defen....e et Ie comma11dement de 'roy; against
wage law ; a denial of an accusation upon th� prohibition and commandment of the K
oatb. See WAGEH. OF LAW. l{ing. St . "Westru. I, c. 1. Also a state of
DEFENDIT VIM ET INJURIAM. !:ieveralty. ot' of s e ve ral or exclusi ve occu­

He defends the force and injury. Fleta, pan cy ; a state of inclosure.

lib. 5, c. 39. § 1. L
DEFENSE AU FOND EN DROIT.
DEFEND OUR. L. Fr. A defend er or
In French and Canadian law. A demurrer.
defendant; the party accuseu in an app eal .
Britt . e. 22.
DEFENSE AU FOND EN FAIT.
DEFENERATION. The aet of lending In F re n ch and Canadian law. The general nn
UJoney on u sury . issue. 3 Low. Can. 421.
 DEFENSIVA 346 DEFINITIVE

DEFENSIVA. In old English law. A purcllaser. but not com m en cing untn a date
lord or earl of the marches, \yho was the SUbsequent to the date of buying them , BO

warden and defender of his country. Cow ell . that. if the pll rclmser die before that date, the
p urobase money is lost. Granted by the com·
DEFENSIVE ALLEGATION. In
missioners for red uction of the national debt.
English ecclesiastical law. A species of
See 16 & 17 Vict. c. 45, § 2. Wharton.
pleading, where the defendant, instead of
denying the plaintiff's cbarge upon oath, has DEFERRED STOCK. Stock in a cor·
any circumstances to offer in his defense. poration is sometimes divided into ·· pre.
This entitles him, in his turn, to the plain­ ferred , " the holders of which are entitled to
tiff's answer upon oath, upon which he may a fixed dividend paY<lble out of the net earn·
proceed to proofs as well as his antagonist. ings of the whole stock, and " d e ferred, " the
3 BI. Coru m. 100; 3 Steph . Comm. 720. holders of which ate en titled to all tile resi·
due of the net earnings after such fixed dh··
DEFENSIVE WAR. A war in defense
idenel has been paid to the holders of the
ott or for the protection of, national rights.
preferred stock. Wharton.
It may be defensive in its principles, though
!)iTensi'oe in its operations. 1 Kent, Comm. Deficiente uno sanguine non potest
50, note. esse hreres. 3 Coke, 41. One blood being
wHnting. be cannot be heir. But see 3 & 4
DEFENSO. That part of any open field
Wm. IV. c 106, § 9, and 33 &, 34 Vict. c. 23,
.

or place that was allotted for COl'll or hay, and

§ 1.
upon which there was no common or feed­
ing, was anciently said to be in dej'enso; so DEFICIT. Someting wanting. generally
of any meadow ground that was laid i n for in the accounts of one intrusted with money,
hay only. The same term was applied to a or In the money recei ved by him.
wood wllere part was inclosed or fenced, to
DEFINE. To explain or state the exact
Becure the growth of the under wood fl:om the
meaning of words and phrases ; to settle,
injury of cattle. Cowell.
make clear, establish boundaries.
DEFENSOR. In the civil law. A de- "An examination of our Session Laws will show
fender; one who assumed the defense at that acts have frequently been passed, the consti­
tutionality ot' which has never been questioned,
another's case in court. Also an ad vocate.
where the powers and duties conferred could not
A tutor or curator.
be cODsidered as merely explaining or making
In canon law. The advocate or patron more deal' those previously conferred or attempt­
of a chrrch. An officer wllo had charge of ed to be, although the word ' define' was used in
the title. In legislation it is frequently used in the
the temporalities 01' the church.
creation, enlarging, and extending the powers aod
In old English law. A guardian. de­ duties of boards and Officers, in defining certain of·
fender, or protector. The defendant in an fenses and providing punishment fol" the same, and
thus enlarging and extending the scope of the
action. A person vouched in to warranty.
criminal law. And it is properly used i n the title
DEFENSOR CIVITATIS. Lat. De- where the object of the act is to determine or fix
boundaries, more especially where a dispute llas
fender or protector of a city or municipality.
arisen concerning them. It is used between dif­
An oH1cel' under the Roman empire, whose ferent governments, as to define the extent of a
duty it was to protect the people against the kingdom 01' country. " 86 Mich. 452.
inj ustice of the magistrates, the insolence of
DEFINITION. A description of a t hi n g
the subaltern officers, and the rapacity of tile
by its properties; an explanation of the mean.
money-le nders. Schoo. Civil Law, Introd.
ing of a word or term. Webster. The pro­
16; Cod. 1 , 55, 4. He had the powers of a
cess of stating the exact meaning of a word
judge, with jurisdiction of pecu niary causes
by means of other words. ·Worcester.
to a limi ted amount, and the lighter species
of offenses. Cod. 1, 55, 1 ; Nov. 15. c. 3, DEFINITIVE. That which finally and
§ 2 ; Id. e. 6, § 1. He had also the care of the complelely ends and settles a controversy.
pulllie records , and powers similar to those of A definitive sentence or judgment is put in
a notary in regard to the execution of wills opposition to an interlocutory jU dgment.
and conveyances. A diSLinction may be taken between a finaZ and
a defini/;ivc judgment. The former term is appli·
DEFENSUM. An inclosure of land j any
cable when the judgment exhausts the powers 01
fenced ground. See DEFENSO. the particular court in which it is rendered ; whih
thelat �r worddesi gnstes ajudgment that is above
DEFERRED LIFE ANNUITIES In ,
any reView or contmgenc,f of reversal. 1 Orancb
•

EngliBh law. Annuities for the life of t he I lOS.

 DEFINITIVE SENTENCE 847 DEJACION

DEFINITIVE SENTENCE. The final DEGASTER. L. Fr. To waste.

judgment, decree. or sentence of an ecclesias­
DEGRADATION. Adeprivatlon ofdl!!,
tical court. 3 HI. Comm. 101.
nitYi dismission from office. An ecclesiag...
DEFLORATION. Seduction or debaucb­ tical censure, wbereby a Clergyman 1s divest­
lng. The act by which a woman is deprived ed of his holy orders. There are two sorts
of ber virgi n ity.. by the canon law,---one summary, by word
only; the other solemn, by stripping the
DEFORCE. In English law. To with·
party degraded of those ornaments and right.s
hold wrongfu1Jy: to withhold the possession
which are the ensigns ot his degree. Degra'
ot Jands from ODe who is lawfully entitled to
dation is otherwise called "deposition , " but
them. a BI. Comm. 172.
the canonists have distinguished between
In Scotch law. To resist the execution
these two terms, deeming the former as the
ot the law ; to oppose by forco a public officer
greater pun ishment of the two. There i8
In the execution of his duty. Bell.
likewise a degnldation of a lord or knight at
D E F O R C E M E N T. Deforcemen t is common law, and also by act of parliament.
where a man wrongfully bolds lands to which \Vharton.
another person is entitled. It therefore in­
DEGRADATIONS. A term for waste
cludes dis�eisin. abatement, discontinuance.
in the French law.
and intrusion. Co. Litt. 277b. 3alb. But
it is appl ied especially to C<tses , not falling DEGRADING. Reviling; holding one E
under those heads. where tbe person entitled up to public obloquy; low er in g a person In
to the freehold has never had possess ion; the estimation of the public.
thus, where a lord has a seignory, and lands
DEGREE. In the law of descent and
escheat to h i m propter defectum sanguinis, family relations. A step or grade, i. e., F
but the seisin is withheld from him, this is a the di stance, or number of removes, which
deforcement, and the person who wiLhholds separates two persons who are related by
the seisin is called a " deforceor." 3 Bl. consanguinity. Thus we speak of cousins
Comm. 172. i n the " second degree."
In Scotch la.w. The opposition or resist. In criminal la.w. The term " degree"
G
ance made to messengers or other public of­ denotes a division or c1assilh:ation of one
ficers while they are actually engaged in the specific cl'i me into several grades or stadia of
exercise of their offices. Ersk. lnst. 4, 4, 32. guilt, according to the circumstances att.,nd·
DEFORCIANT. One who wrongfully ing its commission. Thus, in some sta.tes. H
keeps the owner of lands and tenements out there may be " m urder in the second degree."
of the possession of them. 2 BI. Comru. 350. DEHORS. L. Fr. Out of; without; b..
DEFORCIARE. To withhold lands or yond; foreign to; unconnected with. Delwl'8
tenements from th� rightful owner. This is the record; foreign to the record. S HI. I
a word of art which cannot be suppli ed by Comm. 387.
any other word. Co. Litt. 331b.
DEI GRATIA. Lat. By the grace of
DEFORCIATIO. In old E nglish law. A God. A phrase used i n tile formal LiLle of a
distress, distrai nt, or seizure of goods for sat­ king or qu el.:'l1 , i m porting a claim of sover-
isfaction of a lawful debt. Cowell. eignty by the favor or commission of God.
J
In ancient times it was incorporated in the
DEFOSSION. The punisbrllent of being
titles of inferior otlicers, (especially ecc!esi;\S·
buried alive.
tical . ) but in later use was reserved as an as·
To practice fraud ; to cheat
DEFRAUD.
or trick; to deprive a person of property or
sertion of "the divine right of k i ngs."
K
DEI JUDICIUM. The jUdgment of God.
any interest, estate, or right by fraud, deceit,
The old Saxon trial by ordeal, so called be­
or artifice.
cause it was thought to be an appeal to God
DEFRAUDACION. In Spanish law. for the justice of a cause, and it was believed
The crime committed by a person who fraud· that the decision was according to the will
l
uiently avoids the payment of some public and pleasure of Divine Providence. Wbar·
�. ton.
DEFRAUDATION. Pri vation by fraud.
DEJACION. In Spanis h law. Surren-
DEFUNCT. Dect!Rsed; a deceased per· derj releasej abandonment; e. g., the act of M
IOn. A common t.erm in Scotch law. an insolvent in surrendering his properLy for
 DEJERATION 848 DELESTAGE

the benefit of his creditors, of an heir tn re­ A person elected or appointed to be a mem o

nou n cing the succession, tILe aba.nd onm ent ber of a representative ass embly. Usually
of ins ured property to the u tul er wri ters. s poken of one sent to a special or occasional
asse mbly or convention.
DEJERATION. A taking of • solem n
The l'epresentative in congress of one of
oath.
th� organized territories of t,be United States.
DEL BIEN ESTRE. L. Fr. In old
English practice. Of well being; of form. DELEGATES. THE HIGH COUR�

The same &S de bene esse. Britt. c. 39. OF. In English law. Formerly Lhe court
of appeal from the ecclesiastical and mlmiral­
DEL CREDERE. In m ercan ti le law. ty cou rts. Abolished. upon the j udicial com·
A phrase bo rrowed from the Italians, equi v­ mittee of the pri vy council beillg cOl.ls tltuled
alent toOUl' wonl " gu aranty " or " warranty," the co u rt of appeal i n such cases.
or the Scotch term " warrandice ;" an agree­
DELEGATION. A sen d ing awaYj 8
ment by w h i ch a factor . when he sells goods
p u tt i ng
into commission; the assi gn m e nt of
on credit. for an additional com m i!ision,
a debt to anotber, the intrusting an othl!r
( call ed a "del c1'edere co mmiss ion , OI ) g u aran­
with a gen era l power to act for the good 01
ties the sol veney of the purchaser and his
those who dep u te him.
pf!l'fo rmance of the contrllct. Such a factor
At comm o n law. The transfer of au­
thority by one person to an othe r ; the act ot
i s called a "del crede1'e agen t. " He is a m er e
8urety. liable only to his principal in C:\Be the
purohaser m akes dcf.wh;. Story. Ag. 28. m ak ing or commissioning :l. flelr-gate.
The whol e bouy of delegate s or rep rese n ta­
DELAISSEMENT. In French marine tives sent to a co nventi on 01' as:')embly from
law. Ab<.\lldon m ent. Emerig . 'fr. des Ass. one district. place. or political u n i t are col·
ch.17. �ecti vely spo ken of as a " delega tion . "
DELATE. In Scotch law. To nccuse. In the civil law. ..A. sp('cies of novation
Delated. accused. Delatit o.tf arte and parte, whicb consists in the cbange of one debtor
acc u sed of being acceSS1\ry to. 3 How. St. for another. w ilen he who is indebted substi­
Tr, 425 . 440. tu tes athird person who Obli ga tes bimself in
his stead to the cred i t or . so that the first
DELATIO. In the civil law. An accu·
debtor is acqui tted Hnd h i s ob l i gatio n extin·
5ation or i n formati on .
guisbed. and the cred itor contents .himself
DELATOR. An accuser; an informer; with the obli ga tion of tlie seco nd debt or.
a sycophant. Delegatio n is esse ntiall y d i sting uis hed from
any other species of n o v ation . in this : that
DELATURA. In Old E nglish law. The
reward of an informer. \Vhishaw. tbe t·ormer demands the consent of all three
parties. but the lattt!l" that only of tue two
DELECTUS PERSONlE. Lat. Choice partif,B to the new debt. 1 Do mat, § 2318;
of the person. By this term is understood 48 Miss. 454.
the right of a partn er to e xercise his choice Delegation is novation effected by the in­
and preferen ce as to the admission of any tervention of another person whom the debt.­
new m embers to tbe firm. anel as to the per· or, i n ordsr to be Jib('nl.ted from h is cred­
so ns to be so admitted, if any. · itor. gives to such crt!ditor, or to him whom
In Scotch law. The personal prefe rence the creditor appoints ; and such per son so
which is supposed to have been ex erc ised by given becomes obliged to the creditor in the
a landlord in selecting IllS ten ant. by tbe place of the ori gi nal debtor. l3 u rge, Sur. 173.
members of a Jhm in mal;ing choice or part­ Delegatus non poteat delegare. .A del­
ners, in the appOintment of persons to otIice. egate can no t delegate; an agen t cannot dele-­
and other cases. Nearly eq u i valen t to per· gate his functions to a s tl lmgcnt without the
sonal trust, as a doctrine in law. Bell.
knowledge or con'ient of the p rin ci p al ; the
Deiegata potestaa non potest delegari. person to whom a n ollice or cluty is delrgated
2 Inst. 597. A de legated power ca nn ot be cannot lawfully dev ol v e I.he d u ty on a n o Lh­
delegated . er, u nl ess he be expressly au tho ri zed so to
do. 9 Coke. 77; Broom, Max. 810; 2 Kent,
DELEGATE. A person who is delegaLed
Comm. 633; 2 Stepb. Comm. 119.
or commissio ned to act in the stead of an�
other; a person to whom a ffa irs are commit· DELESTAGE. In Fren ch mal'ine law.
ted by another; an attorn ey. A disch a rgi n g of b alla st (lest) froma vessel.
 DELETE 849 DELIRIUM

DELETE. In Scotch law. To erase; to DELICT. In the civil law. .A. wrong or
.trike out. injury ; an offense; a violation of pu blic or
private d u ty. It will b e observed that this
DELF. A. quarry or mi n e. 31 Eliz. c. 7.
word. taken in its most general sense, Is
wider i n both directions than a n r E ngli s h
Deliberandum est diu quod statuen­
term "tort." O n thE' o n e band. it i ncl udes
dum est semel. 12 Coke, 74. That which
those w ron g ful acts which. while directly af.
J8 to be resol ved once for all sho uld be lo ng
fecting some individual or his properby. yet
deliberated upon.
extend in their inj urio ll s consequences to the
DELIBERATE, tI. To weigb, ponder, peace or security of the community at large,
discuss. To examine, to consult, i n order to and hence rise to the grade of crimes or mis­
form an opinion. demeanors. These acts were termed i n the
Roman la w " p ubl ic delicts ; " while those for
DE L I B E R A T E . adj. By the llse of which the only penalty exacted was compen­
this word, in describing a crime, thf'l idea is sation to the person primarily inj ured were
con veyed that the perpe\'r��tor weighs the denominated "pri vate delicta. " On the other
motives for the act and its consequences, the hand, the term appears to have included in­
nature of the cri me. or other things con­ jurious action s which transpired without any
nected with his intentions, with a view to a malicious intention on the part of the cloer.
decision th ereon ; that he carefully considers
all these; a n d that the act is nol sud d en ly
Thus Pothier gives the name " q'u,asi delicts"
E
to the acts of a person who. w ithout malig­
committed. ' It implies that tbe perpetrator n ity. but by an inexcusable i rn p r nden ct!.
mllst be capable of the exercise of such causes an injury to another. Path. Obl.
mental powers as are called inLo use by de· 116. But t.he term is used in modern juris-
liberation and the consideration and weigh­ . prudence as a can veDient synonym of " tort ; " F
i.ng of motives and conseq uences. 28 Iowa, that is. a wrongful and injurious violation
524. of a ius in rem or right available agains t all
" Deliberation " and " prem edi t at ion " are 01 the world. This appears i n the two con­
the same character of mental operations, dif­ trasted phrases. " actions ex: cont1'actu" and 6
fering only in degree. Deliberation is but pro­ OJa ctio ns ex: delicto. "
longed prem ed it.ation . In other words, in
DELICTUM. Lat. A del ict, tort, wrong,
Jaw, deliberation is premedit;ttlon in a cool
state of the blood. or, w here there has been injury, or offense. Actions em dtlicto are
such as arefonnded on a tort. as distinguished
heat of paSSion, it is premeditation continued
beyond the period within which there has
fr om actions on contract. H
Culpability. blameworthiness, or legal de­
been time for the blood to cool, in the given
linquency. The word occurs in this sellse in
case. Deliberation is not only to think of be­
tbe maxim, " In pa1'i delicto melior est con­
forehand. which may be but for a n instant,
but the inclination to do the act is consic.lered.
ditio (lej'enden tis, " (which see.)
A challenge of a j u 1'01' propte1' delict'um is
I
weighed. pondered upon. for sllch a length
for some crime or misdemeanor that affects
of t.ime after a provocation is given as the
jury may fi n d was sufficient fOl" the blood to
his credit and reuders him infamous. S UI.
ComlD. 363; 2 Kent. Corum. 241.
coot. O n e in a heat of paSSion may premedi­
tate withou t del iberating . Deliberation i s DELIMIT. To mark or Jay out the lim.
J
only exercised in a cool state of the blood. its or b o undary line of n ter ri tory or country.
while premeditation may be either in that
state of the blood or in the heat of passion. DELIMITATION. The act of fixing,
marking off, or describing the limits or
K
74 M o. 249. See, also. 20 Tex. 522 ; 15 Nev.
178; 5 Mo. 064; 66 Mo. 13. bounda ry line of a territory or country.

DELIBERATION. The act or process Dilinquens per iram provocatus pu­

3 lnst. 55.
l
of deliberating. The acL of weighing and niri debet mitius. A delin­

examining the reasons for and against a con­ quent provoked by anger ought to be pun·

templated act or course of conuuct, or a ish ed more mildly.

choice of acts or means. See DELIBERATE. DELINQUENT. I n the ci vii law. He
who has been gu ilty of some crime, offense,
Dolicatus debitor est odiosus in lege.
or failure of duty .
.A.. l ux urious debtor is odious in la w. 2 BuIst.
148. 1.1llprisoument for debt has now, h o w­ DELIRIUM. In medical jurisprudence. M
e ver, ·been generally abolished. Delirium is that state of the mind in which
 DELIRIUM 350 DEMANDA

it acts without being directed by tbe power to the defendant. or the payment of their val­
of volition, which is wholly or partially SUI­ ue. i f 80 adjudged.
pended. This happens most perfectly tn
DELIVERY ORDER. An old.r ad·
dreams. But what js commonly called " de­
dressed. in England, by the owner of good.
lirium" is always preceded or attended by a
to a person holding them on his behalf, r�
feverish and h ighly d iseased statt' of the
questi hg him to deliver them to a person
body. The patifln t in delirium is wholly un·
named in the ortler. Delivery orders are
conscious of su rrounding Objects, or COD­
chiefly used in the case of goods held by dock
ct'ives them to be different from what they
companies, wharfingers, etc.
really are. His thoughts seem to drift about,
wildering and tossi ng amidst distracted DELUSION. In medical jurisprudence.
dreams. And his observations. when he An insanedelnsion is an unreasoning and in­
mal{es auy, as often happens. are wild and corrigible belief in the existence of facts which
incoheren t; Qr, from excess of pain, he sinks srA dther i mpossi ble absolutely, or, at least,
into a low muttering. or silent and death-like impossi ble u nder the circu rnstances of the in·
stupor. HlISh, Mind, 9. 298. dividual. It is never the resulto! reasolling
The law contemplates this species of men· and reflection; it is not generated by them,
tal derungement as an intellectual eclipse; as and it cannot he dispelled by them; and hence
a darkness occasioned by 1\ cloud of dise<lse it Is not to be confounded with an opi/JiQl�,
passing over tile mind; and which m ust soon however fantastic the laLter may be. 10 Fed.
terminate in health or in death. 1 Bland. Hap. 170.
886. DEM. An abbreviation tor " demisej" e.

DELIRIUM FEBRILE. In modical ju­ g., Doe demo Smith. Do e. on the demise of
risprudence. A form of mental aberration Smith.
incident to fevers. and someti mes to the last DEMAIN. See DEMESNE.
stages of chronic diseases.
D E M A N D , tl. In practice. To claim
DELIRIUM TREMENS. A opeeies of as one's due; to requirE:'j to ask relief. To
mental aberration or temporary insanity summon; to call i n court. II Although sol­
w h ic h is induced by the excessivo nnd pro­ emnly demanded, comes not, but. wak�1:I de­
tracted use of intoxicating liquors. I
fault. I
DELITO. In I::\pauish law. Crime; a DEMAND, n. A clai m : the nssertion of a
crime ; oJIcnse. or delict. White. New Recop. legal right; a. legal ouligaLion asserted i n the
b. 2, tit. 19. c. I, § 4. courts. Demand II is a word of art of an ex.
U

DELIVERANCE. In practice. The lent greater in its signification than any other
verdict rendered by a j u ry. word except u claim." Co. LiLt. 291; 2 Hill.
220.
DELIVERY. In conveyaucing. The Demand cmbl'o.ces all sotts of actions, rights, and
(inal a.nd absolute transfer of a deed, properly titles, conditions heforeor after brench, executione.
executeu, to the grantee, OJ' to some person appeals, rents of all kinds, covenants, annuities,
contracts, recogniza.nces, statutes , cOlUmons, etc.
for his use, in such manner that it cannot be
A release of all demands to date bars an action for
recalled by the grantor. 13 N. J. Eq. 455; da.mages accruing after the date from 8. nuisance
1 Dev. Eq. 14. previously erected.1 DenIo, 257.
In the law of sales. The tradition or Demand is more comp rehensi ve In import than
IoIdebt " o r "duty. n 4 Johns. 5B6 ; 2 Hill,22-O.
transfer of the possession of personal prop·
Demand, or clo.im, is properly used in reference
erty from one person to another. to a. cause or action. 32 How. Pro 280.
Delivery is either actual or constructive. Thus,
An imperative request preferred by onf!
if goods cannot conveniently he actually banded
from one person to another, as it they are i n a person to another, LInder a claim of right, re­
warehouse or 0. shi p, the delivery of the key ot the quiring the latter to d o or yield something or
w areh ouse, & delivery order, bill of lading, etc., is to abstain from some act.
a constructive or symbolical delivery of the goods
themselves. Williams, Pers. Prop. 8li Benj. Sales, DEMAND IN RECONVENTION. A
578. , demand which the defendant institutes in
In medical jurisprudence. The act of consequence of that which the plaintiff has
a woman giving birth to ber offspring. brought against him. Used in Louisiana.

DELIVERY BOND. A bond given DEMANDA. In Spanlsll law. The pe­

upon the seizure of goods ( as under the rev. tition of a plaintiff, setting forth his demand.
fDue laws) conditioned for their rf'storation Las PartidRs, pt. 3, tit. la, I. 3.
 DEMANDANT 351 DEMISE

DEMANDANT. The pl ai nti ffor party DEMESNE LANDS. In En g !sh law . l

su in g in a real action. Co. Litt. 127. Those lands of a manor not gran ted au t in
te n an cy , but reserved by the lord for hi.
DEMANDRESS. A female demandant.
own use and occupation. Lands set ap art

DEMEASE. In old English law. Death. anel appropriated by the lord for his own
pr i va te use, as for the supply of his table.
DEMEMBRATION. In Scotch law. and the maintenance of his famil y ; the op­
M alici ously cu tting off or other wise separat � p osi te of tenemental lands. Tena ncy and
Ing one limb from anotller. 1 Hume, 323 ; demesne, hO \,i'ever, w ere not in every sense
nell. the opp osit es of each other; Jands held for
years or a t will being included among de-­
DEMENS. One whose m ental faculties
lDesne lands, as well as those in the lordls
are enfeeblell ; one who lms lost hiR mind; act.ua.l pU::ise::;::iion. Spel man ; 2 Bl. Camm.
distinguishable from amens, one totally in-
90.
•'ne. 4 Coke, 128.
DEMESNE LANDS OF THE
DEMENTED. Of unsound mind. CROWN. Tha.t share of lands reserved
to th e
crown at t he ol'iginal distribution of
DEMENTENANT EN AVANT. L.
landed proper ty.
or which caille to it after­
Fr. From tbis time forward. Kelham.
wards by forfeiture or otherwise. 1 Dl.
DEMENTIA. In medical jurisprudence. Comm. 286; 2 Steph. Cumru. 550.
E
That form of insan i ty where the mental de­ DEMESNIAL. Per tai n ing to a demesne.
range ment is accompanied with a gene ral
dera ngetn en t of the faculties. It is character­ DEMI. French. Half ; the half. Used
ized oy forge tfu lness , inability to follow any chie fly in composition.

train of tho ught, and indifference to passing DEMI-MARK. Half a mark: 8 s u m ot F

events. 4 Sa\\"y, 677, per Field. J. money which was anciently re quired to be
Senile dementia is that pe c uli a r decay of tendt'red in a writ of right. the effect of such
the menta l faculties which occurs in extreme tender being to p u t the demandant, in the
old <tge, and in many cases much earlier,
whereby the person is reduced to second
first instance. u pon
proof of the seisin as G
stated in bis count;that is. to prove th�lt
childhood. and becomes sometimes wholly in­ the seisin was in the king's reign there
compet ent to enter into any bindin g contract, stated. Hose. Heal Act. 216.
offiCial or au· H
or even to execute a will. It is the recur­
DEMI-OFFICIAL. Partly
rence of second childhood by mere decay. 1
thorized. Having color of otlicial righ t.
Redf. Wills, 63.
Dementia denotes a.n impa.ired state of the men­ DEMI-SANGUE, or DEMY-SANGUE.
tal powers, a feebleness of mind caused by disease,
Half-blood.
and not accompanied by delusion or uncontrol­
lable impulse, without defining the degree of inca­ DEMI-VILL. A town consisting of five
pacity. Dementla may exist without complete freemen, or frank-pledges. Spelman.
prostration of the mental powers. 44 N. H. 581.
DEMIDIETAS. In old records. A halt
DEMESNE. Domain; dominical : held or mOiety.
in one's own right, and not of a supe rior ; not
allotted to tena nts. See DEMESNE LANDS.
DEMIES. In some un iversities and col· J
leges this term is synonymous with " schol.
In the language of plead in g, own; prop­
aI's . ..
er: original. Thus, son assault demesne, his
own assault, his assault origina lly or i n the DEMINUTIO. In the civ!l law. A tak·
first place. ing away; loss or depri vation. See CAPI'.rIS K
DElIINU'l'IO.
DEMESNE AS OF FEE. A man I.
D E M I S E , 'D. In conveyancing. To
said to be seised in his demesne as offee of a
corpo real inheritance. because he has a prop­ convey or create an estate for years or life;
to lease. The usual and operat ive word ill
leases: " H ave granted, demised. and to L
erty, dominicum or de'nesne, i n the thing it­
self. But when he has no , dominion in the
th ing itself. as in the case of an i nco rporeal
farm let, and by these presents uO grant,
demise, and to farm let." 2 Bl. Com m. 317;
hereditament, be is said to be seised as of fee,
1 stepb. Comm. 476; Co. LUt. 45a.
and not in his demesne as of fee. 2 Dl.
Comm. 106; Littleton, § 10; 17 Serg & R. o DEMISE,n. In conveyancing. A co n vey _ M
196. SDce of an estate to another for life. for yp.ars,
 DEMIS:!': 352 DEMURRAGE

or at will; most commonly for years : a lea�e. specifically described as a "representative de­
1 Stepb. Comm. 475. mocracy. "
Originally a posthumous grant; commonly
DEMOCRATIC. or or pertaining to
a lease or con veyance for a term of years;
democracy. or to the party o� the democrats.
sometimes applied to any conveyance. in fee,
for life, or for years. Pub. St. Mass. 1882. DEMONETIZATION. 'fhe dis"s. 01 I
p. 12�9. particular metal tor purposes of COinage.
"Demise" is synonymous with "lease" or "let, " The withdrawal of the value of a metal as
excepttbat demise exut termini implies a covenant money.
fOl" title, and 1\1so a covenant for quiet enjoyment,
whereas lease or let implies neither of these oov­ DEMONSTRATIO. Description; addl.
enants. Brown. tion ; denol11i nation. Occurring often in the
The word is also nsed as 8 synonym for phrase, "Balsa demonst1'atio non nocet," (8
"decease" or "death. " It England it is es· false description does not harm.)

pecially employed to denote the death of the D E M O N S T R A T I O N. DescripCioni

soverei gn. pointing out. That which is said or written
to deSignate a thing or person.
DEMISE AND REDEMISE. In can·
veyancing. Mutual leases made from one In evidence. Absolutely convincing
party to another on each side, of the same proof. That proof which excl udes all possi­
land, or something out of it: as when A. bility of error.
grants a lease to B. at a nominal rent, (as of DEMONSTRATIVE LEGACY. A be­
a pepper corn, ) and B. redemises the same
quest of a certain sum of money, with a di­
property to A. for a shorter t,i me at a real.
rection tbat it shall b e paid out of a parti cu­
8ubstantial rent. Jacob; \Vhishaw.
lar fund. It differs from a specific legacy in
DEMISE OF THE CROWN. The nat· t.his respect: that, if the fund out of which
ural dissolution of the king is generally so it i s pay.\ble fails for any cause, it is never­
called; an expression which signifies me rely theless entitled to come on the estate as a
a transfer of property . By demise of the general legacy. And it differs from a gen­
crown we mean only tllat. in consequence of eral legacy in tbis: that it does not abate in
the disunion of the king's natural liody from that clasfi, but in the class of specific legacie!'l.
his body politic, the kingdom is transferred 63 Pa. St. 316. See, also, 17 Obio St. 413; 42
01' demised to his successor, and so the royal Ala. 9.
d i g n i ty remains perpetual. 1 Bl. Cotnlll . 249; A legacy of quantity is ordinarily a. general leg­
Plowd. 234. acy; but there al·e legacies of quantity in tbe
nature of specific legacies, as of 80 much money,
DEMISI. I have demised or leased. De­ with reference to a particular fund fOl" payment..
This kind of legacy is called by the civilians a
misi, concessi, et ad firmam tradidi .. have
"demonstrative legacy, " and it is so tar general
demised. granted, and to farm let. Tbe usu­
and differs so much in effect from one pl·oparly
al operati va words in ancient leases, as the specific that, if the fund be called in or fail, the
corresponding English words are i n the mod� legatee will not be deprived of his legacy, but be
ern forms. 2 R1. Comtll . 317, 318. permitted to receive it out of the general asseta j
yet the legacy is so far specific that it will not be
DEMOBILIZATION. In military law. liable to abate with general legacies upon a. defl.·

The dism issai of an army or body of troops ciency of assets. 2 Williams, Ex'rs, 1078.

trom active service. DEMPSTER. In Scotch law. A dooms·

DEMOCRACY. That form of govern· man. One who pronounced the sentence ot
ment in which the sovereign power resides in court. 1 How. State Tr. 937.
and is exercised by the whole Lody of free DEMUR. To present a demurrer; to take
citizens; as distin guished from a monarchy, an exception to the sufficiency in paint ot
aristocracy , or Oligarchy. According to the law of a pleading or state of facts alleged.
theory or a pure dem ocracy , every citizen
DEMURRABLE. A pleading, petition.
I!Ihould participate directly in the business of
or the like, is said to be demlllTllble wllen it
governing, and the legislati ve assembly
does not state such facts as s u pport the claim,
should comprise the whole people. But the
prayer, 01" dl;:lfense put forward. 5 eh. Div.
ultimate lodgment of the sovereignty being
979.
the distinguishing feature, the introduction
of the representative system does not remove DEMURRAGE. In maritllne law. The
a government from this type. However, a 8um which is fixed by t be contract of car­
government of the latter kind is sometimes riage, or which is allowed. as remuneration
 DE1lUHHAGE 353 DENARII S. PETRI

to the owner of 8 ship for t he detention ot circumstances which ought to Le attendant

bis vessel beyond the n llm ber of days all o wed
by the charter-party for l oad ing and unload­
ing or forsaW ng. Also the delention of the
v essel freighter bl3yond such ti m e .
by the
See 3 K.nt. COOlm. 203 ; 2 Steph. Comm. 185.
Demurrage is only an extended freight or reward
to the vessel, in compensation for the enrnings ShA
is improperly caused La lose. Every improper de­
tention of a vessel may be considered a demurrage,
and compensation under that Dame be obtained for
it. 1 Holmes, 290.
Demurrage is the allowance oreompensatloD due
to the master or owners of a ship, by the freighter,
for the time the vessel may have been detained
beyond the time specified or implied in the con­
tract of atfreightmeut or the chartor�party,
DEMURRANT. One who demurs; the
party who . in plead ing, in terpos es a dem ur­
rer.
DEMURRER. In pleading. Th e
form­
al mode of d ispu ti ng the s u fficiency ill of
the pleadi ng of the other side. In effect i t is
an al legation that, even if the facts as stated
in the pl eadi ng to which objection is lHken
be true. yet their legal consequences are not
Buch as to p ut the 4emurring pi.lI'ty to the
thereon, the defenda nt ou ght not to be com­
pelled to answer to the whole bill. or to some
cer tain p art thereof. Mitf. Eq. Pl. 107.
.DemwTer to intel'l'oga.to1'ies is the reas on
which a witll['sS tenders for not a nswering
a particul ar q uesti on in in terrogatories. 2
Swanst. 194. It is not, stricUy speaking, a
d em u rrel', except in the popular se ns e of the
word. Gred. Eq. Ev. 61.
DEM URRER BOOK. In practice. A
record of the iSSlle o n a demurrel' at law.
contai ni n g a tran scr i pt of the pleadings, with
proper entries; and i n tended for the lise of
Bell.
the court and counsel on the argument. 3
Bl. Comm. 317; 3 Steph. Comlll . 581-
DEMURRER TO EVIDENCE. This
proceed ing (now practically obsolete ) was
a n alogo us to a dem urrer to a pleadin g. It E
was an objection or exception by one of the
law
parti es in an action at Ia.w, to the effect that
the e vidence which his ad versary had pro­
duced was insuOi cient in p oin t of law ( w llf!th�
er true or n ot) Lo make out his case 01' sus­ F
tain the issue . Upo n joinder in demurrer.

necessity of ans wer ing them or proceedi ng the jury was discha.rged. and th e case was
arg ued to th e court in bane. w ho gave judg­
further wjth the ca use.
G
An objection mad e by one party to his op­ ment upon the facts as shown in e v id en ce .
See 3 BI. Comm. 372.
ponen t' s pleading. al l t:'g i ng that he ought not
to ans w er it, for som e defect in law in the
DE MY SANKE. DEMY SANGUE.
pleading. It admits the facts, and refers the Half�blood. A cor r up t i on of demi-sang,
law ari sing thereon to the court. 7 ilo w.
58!. DEN. A valley. Blount. A hollo w H
It i mp orts that the objp. cti ng party will not p lace among woods, Cowell.
prot::eed, but will wait the j U dg me nt of the
court wbether he is bound so to do. Co. DEN AND STROND. In old English
Litt. 7lb .. Steph. Pl. 61. law. Liberty for s h ips or vessels to rUD
A gene1'al de m ur re r is o ne which excepts agro u nd , or come ash ore . Co w ell.

to the sutliciency of a p revi ous pl eadi ng in

DENARIATE. In old E nglish law. A.
ge ner al terms, wi th out sh o wing speciflcally
m uch land as is worth one penny per an.­
the nature of the objection ; and such dl7
num.
murrer is s u fficient when the objection is on J
matter of sub�l ance. DENARII. An ancient ge neral term for
A special de m u rrer is one w hich excepts any sort of pecunia 1Lumero,ta, or rea.dy mon­
to the s ufficiency of the plNlding:s of the ey. Tht! French use the word "denier" in
other party. and shows sp (>c ifi cally the nat ure the salDe sense,-payer de ses pTopJ'es de-
of the object ion and the particular grou nd of niers. K
excepti on . Steph. PI. 158.
DENARII DE CARITATE. In En­
In equity. An allega tion of a deff.D cl a n t,
glish la w. C ustom ary oblations made to a
which. admitting t.he ma.Lters of fact al laged
cat hedral church at Pentecost.
by the bill to be tr ue , shows tllat as tbey are
therein set forth they are ins uffi cien t for the ( Com mon ly called
DENARII S . PETRI.
L
plainti if to proceed upon or to ouli ge the de-. "Pet.er's Pence, " ) An ann nal payment on
lendant to ans weI' j or that. for some reason St. Peter's feust of a penny from every fam-
nppal'ent on the face of the bill, or on account ily to tlle pope, du ri ng the time that the
of the omission of some matter which ought Roman Catholic religi on was estilulished in M
to be con t ai n ed therein, or for want of som e England.
AM,DlO'l'.LAw-23
 DENARIUS 354 DENUNCIATION

DENARIUS. The chief silver coin Thc word is also used I n this 8en8� In
among the Romans. worth 8d. ; it was the So o t h Carolina. See I McCord, Eq. 852.
,lJc\'entb parL of a Roman ounce. Also an .A. denizen, i n the primary, but obsolete.
Engl ilih penny. The denarills was first coined Bense of the word. is a natUl'a.!-born subject
five years before the first Punic war, B. C. of a. country. Co. Litt. 129a.
269. In later times a copper coin was called
DENMAN'S (LORD) ACT. A n English
"dena1'ius. " Smith, Diet. Antiq.
statute, for the amendment of the law of evl.
DENARIUS D EI . (Lat. " God's pen­ denee. (6 & 7 Viet. c. 85,) which provides
ny. " ) Earnest money; 111 0n("y given aR a that no person offered as a w it n ess shall there­
token of Lhe completion of a oargain . It dif­ after be excluded by reason of incapacity.
fers from aT1'hre, in this: that a1Th(£ is a from crime or interest, from gi ving evidence.
�\art of the consideration , wbile lha df:'1'La1'iu8 DENMAN'S (MR.) ACT. An English
Dei is no part of iL. The latter was given statute, for the amendment of procedure in
away in charity ; whence the name. cri m i n a l trials, (28 & 29 Vict, c. 18,) allow­
ing counsel to sum up tho e\'idenc8 i n crimi­
DENARIUS TERTIUS COMITATUS.
In old English law. A t hi rd part or penny nal as in Civil trials, provided Lhe pl'isoner be

of the county raid to its earl. the other two defended by counsel.

parts being reserved to the crown. DENOMBREMENT. In French feodal

law. .A. minute or act drawn up, on the
DENIAL. A traverse i n the pleading of
creation of n fief, co nt a in i n g a description of
one pa.rty of an allegation of fact set up by
the lief, and all the rights and incidents be­
thJ ot her : a defense.
longing to it. Guyot, Inst. Feud. c. S.
DENIER. L. Fr. In old English law.
Denominatio fieri debet a dignlOribus.
Denial; refusal. Denier b when the rent.
Denomination should be made from the more
(being demanded upon the land) is not paid.
worthy.
Finch. Law, b . 3, c. 5.
DENOUNCEMENT. In Mexican law.
DENIER A DIEU Io Freoch law.
A denouncemo n l was a judicial proceeding.
Earnest money; a sum of money giveu in
undo though real property might be acquired
token of l.he completion of a lm,rgain. The
by a n alien in fraud of the la W ,-that is.
phrase is a tra n sl a ti on of the LaLin Denm'ius
without observing its req uirement�.-he oev­
Dei, (g. v.)
en..heless retained his right and title to it.
DENIZATION. The act of making one but was liable to be deprlvoll of it by the­
a denize n ; the conferriD).{ of Lhe pri vileges proper proceeding of dt'nouncement, which
of citizenship upon an alien born. Oro. Jac. i n its substantive cllaractel'istics was equiv­
540. See DENIZEN. alent to the inquest of otlice found, at com­
DENIZE. To make a man a denizen or mOil law. 26 Cal. 47'7.
citiz e n . DENSHIRING OF LAND. ( Other.
DENIZEN. In Engl:sh l aw . A person wise called IIburn-beati ng. " ) A. meLhod of

who, being an alien born, has obtai ned, ex impro\'ing land hy casting parings of earth,

donatione 1'eyis, letters paLtmt to milke h i m turf,anu stubble into heaps, which when dried
an Engli::lh sUbject.-a high and incommu- I nre burned i nto ashe:; for c\ compost. Cowell.
nicable Lranch of the royal pl'erogati ve. .A. DENUMERATION. The act of present
dl'uizen is in a kin.l of middle stale between payment.
an alien and a natural-born s lt uj e,' t, a n d par­
DENUNCIA DE OBRA NUEVA. In
takes or Lbe status of both of Lhcse. 1 BI.
Spanish law. The denouncl"ment of a new
Oomm. 374; 7 Coke, 6.
work: being a proceeding to l'estmin the erec­
Tbe term is used to SigDity 11 person wbo, being
tion of soml' ncw work, as, for I nstance, a
110 Illien by birtb, bus obtained letters patent rnnk­
building wh i c h may, if completed, injurious­
illg bim all English subject. Tbe k ing way deni ze,
but not naLul'a-lize, a man i tho lattel' t'OCluil'ing the ly alfed the property of the complainantj it
cousent of pal'liamellt. as undol' the naturallza.tion is of a chan:u.:tel' similar to the interdicts of
act" 1870. (33 & 34 Viet. o. 14.) A denizen holds a
possession. Escri che; 1 Cal. 63.
position midway between an nlien aud a n3.tur0.1-
born or naLul'tl.lized subjeot. being able to take DENUNCIATION. In the civil law.
lauds by purobase or devhe. (wbicb an alien could
The act by wh ic h an individ ual informs a.
not until lS70 do,) but not able to take lands by
descent, (\\r'hicb u. natural-born or na.turalized sub­ p ll Ll i c oUicer, whose duty it is to prosecute
ject may do.) Bt'own offenders, that a crime bas ueen cornm ittcl1
 DENUNCIATION 355 DEPESAS

In Scotch practice. The act by which A departure, In pleading, is when a party quit!
or departs from the case or defense which he hal'!
B person is declared to be a rebe!, who bas
first made, and has recourse to another. 49 Ind..
disobeyed tbe cbarge gi ven on letters of horn­ 111 ; 16.Tohns. 205; IHN. Y. 83, SQ.
ing. Bell. A departure takes place when, in any pleading,
the party deserts the ground that he took in his
DENUNTIATIO. In old English law . last antecedent pleading, and resorts to another.
A public notice or summons. Bract. 202b.. Steph. PI. 410. Or, in other words, when tho sec­
ond pleading contains matter not pursuant. to the
DEODAND. (L. Lat. Deo dandum, a former, and which does not support and fortify it.
thing to be given to God . ) In EngliRh law. Co. Litt. 304a. Hence a doparture obviously caD
Any personal chattel which was the i mmedi­ never talw place till the replication. St.aph. Pl.
410. Each subsequent pleading must pursue or
ate occasion of the death of any reasonable
support the former one; 1.. e., tbe replication must
creature,and which was forfeited Lathe crown support the declaration, and the. rejoinder the plea.,
to be applied to piONS uses, and di!;tributed without departing out of it. a BL Comm. 810.
in alms by the high almoner. I llale. P. 0.
419; Flela, lib. 1, c. 25; 1 BI. Comm. 300; 2 DEPARTURE IN DESPITE OF

Steph. Corom. 305. COURT. In old English practice. The

tenant in a rea.l aclion, l.mving once nppeared,
DEOR HEDGE. In old English law. was considered as constructively prese nt in
The hedge inclusing a deer park. COH rt until again call€'d upon. Hence if,
DEPART. In pleading. To forsake or upon being demanded. he failed to appear. he
was said to have "depal·ted in despite [i. e.,
E
nbandon the gronnd assumed in a former
pleading. and assume a new one. See DE­ contempt] of the court."
PARTURE.
DEPASTURE. In old English law� To
In maritime law. To leave a port ; to
pasture. " If a man depastures unprofitable
be out of a port. To depa.1·t im ports more cattle in his ground." B nnb. 1. case 1.
F
than to sail, or set sail. A warrant.y in a
policy that a vessel s h all depart on or !Jefol's DEPECULATION. A. robbing of the
a particular day is a warranty not only that prince or common wealth : an embezzling of
she shall sail, but that. she shall be out of the the public treasure.
p01·t on or bel'ore t.hat day. 3 Manle & S.
G
4tH; 3 Kent, Comm. 307, note. uTo depart" DEPENDENCY. A terri tory distinct
does llot mean merely to break gronnd. but from the country in which the supreme soy*
fairly to set forward upon the voyage. 6 ereign power resides. l.)Ut belonging right­
Taunt. 241. fully to it. and subject to the laws anu regu- H
lations whieh the sovereign may think prop-
DEPARTMENT. 1. One of the territo­ AI' to preseribe. 3 Wash. C. C. 286.
rial divisions of a country. The term i s It differs from a colony. because it is not
chiefly used in this sense i n France. where t.be setl!ed by the citizens of the sovereign or
d i v i sion of the country into departments is moLher state ; and from possession. because
somewhat analogous, botb territorially and
it is held by other title than that of mere con­
for governmental purposes. to the division quest.
of an A.mE'l'ican state into counties.
2. One of the divisions of the executive D E P E N D E N T CONTRACT. Olle
branch of gov�rnment. Used in this sens� which depends Of is couditioned upon an- J
other. One which it is not the duty of the
in the United States, where each department
is charged with a specUlc class of dntie.') , and cont:'actor to perform until some obligation

comprises n.n organ i zed staff of officials; e. g contai ned in th!.' same agreement has been
••

the department of state. deparLment of war, perfurmed by Lhe other party. Ham. Par ties,
elc. 17, 29, 30, 109. (/:\
DEPARTURE. In maritime law. A DEPENDENT COVENANTS are those
deviation from the course prescribed in the in which the performallce of one depends on
p olicy of insurance. the performance of the other.
In pleading. The statement of mntter in
DEPENDING. In practice. Pending
L
8 replication. rejoinner, or subsequeut plead�
or undetermined; in progress. See 5 Coke.
ing. as a cause of action or defense. which is .
47.
Dot pursuant to the pre vlOu8 p l ead in g of the
M
same party. and which <.loes noL support anci DEPESAS. In Spanish-American law.
fortify i t. 2 ,Y ill i a ms , �aund. 84a. nut(:J 1 j 2 Spaces of ground in, Lowns resefvt.'d for CoUl�
Wils. 98; Co. LiLt. 304a. mons or pu blic pasturage. 12 Pet.. . 443, note.
 DEPONE 856 DEPOSIT

DEPONE. In Scotch practice. To de- ' ployment or office against his will. Wollll ulS,
pose; to make oath in writiug. lust. § 1063. T�. term is usually applied
to the deprivation of all authority of a 80V-
DEPONENT. In practice. One w ho
ereign.
deposes (that is, testifies or makes oath in
writing) to the truth of certain facts ; one DEPOSIT. A naked bailment of goods
who gives under oatb testimony which is re­ to be kept for the depositor without reward,
duced to writi ng; one who makes oath to a and to be returned when he shall require it.
written statement. The party making an af­ Jones. Bail m. 36. 117; 9 Mass. 470.
fidavit is generally so called. A bailment of goods to be kept by the
The word "depone, n from which Is derived "de-­ bailee without reward, and deli vered accord­
penent, II has relation to the mode in which the
ing to the object or purpose of the origi nal
oath is administered, (by the witness placing his
hand upon the book of the holy evangelists,) !lnd
trnst. Story. Bail in . § 41.
not as to whether the testimony is delivered oral­ A deposit. in general, is an act by which
ly or reduced to writing. "DeponGl.1t" is included a person receives the property of another,
in the term " witness, .. but "witnes8 " is more gen­
binding himself to preserve it and return it
eral. 47 Me. 248.
in ki od. 01viI Code La. art. 2926.
DEPONER. In old Scotch practice. A When chattels are deli vered by one person
deponent. 3 How. State 'fr. 695. to another to keep for the use of the bailorI
it. is called a "deposit." The depositary may
DEPOPULATIO AGRORUM. In old
undertake to keep it wUhout reward. or gra·
English law. The crime of destroying, rav­
tuitously; it is then a naked deposit . If he
aging, or laying waste a country. 2 Hale.
receives o r expects a reward 01' hire. he is
P. C. 833; 4 Bl. Comm. 373. tben a depositary for hire. Very variant
DEPOPULATION. In old English law. consequences follow the differences in tbe
.A. species of waste by which the population contract. Code Ga. 1882. § 2103 .
of the ldngdom was dim inished. Depopula­ According to Lhe classiHcation of the civil
tion oC houses was a public offense. 12 Coke, law. deposits are of the following several
30. 31. sorts : (1) Necessary, made upon some sud­
den emergency, and from some pressing ntt­
DEPORTATIO. Lat. In the civil law.
ct'Ssity; as, for instance. in case of a tire. a
.A. kind of banishment, where a condemned shipwreck, or other overwhelming calamity,
perso n was sent or carried a way to some for­
wben pr operty is confided to any person
eign country , usually to an island, (in ill$"u­ whom the depositor may meet w ithout prop­
lam depo1'tatu'J'.) and thus taken out of the
er opportunity for reliection or choice. and
number of Homan citizens.
thanee it is called "misera.bile depositu1n. "
DEPORTATION. Banishment to . for­ (2) Volulltm·y. which arises from the mere

eign country, attended with confiscation of consent and agreement of the parties . The

property and deprivation of civil rights. A common law has made no such division.

p u n ishment derived from the depot·tatio (q. 'l'here is another class of deposits called " i n­

v.) of Lhe U.oman law, and still in use in voluntary," which may be wit.hout the as­

Fmnce. sent or even know ledge of the depositor: as

lumber, etc., left upon anot.her's land by Lhe
In Roman law. A perpptllai h:tni sh_
subSidence of a flood.
mput. depri v ing the bani�hed of his rights as
The civilians again divide depOSits into
a citizen; it differed from relegation (q. tl.)
"simple deposits, " made by one o r more per­
and exile. (g. v.) 1 Brown, C iv d & Adm.
sons having a common interest. and " seques­
Law, 125, note; lnst. 1. 12. I, and 2; Dig .
trations." made by one or more persons. each
48. 22. 14. 1.
of whom bas a different and adverse Interest
DEPOSE. In practice. In ancient in controversy toucbing it; and these last are
usage. to testify as a wiLness ; to give evi­ of two sorts,-" conventional, " o r such as
dence under oath . are made by the mere agreement of the par­
In modern usage. To make a deposi. ties without any j IHlicial act; and "judicial, "
tion; to give evidence in the shape of a dep­ 01· such as are made by order of a court in
osiLion i to make statements w hich are writ­ the course of SOtll6 proceedll1g.
ten down and sworn to; to g i v e kstim o ny There is another cla::ls of deposits called
which is red u ced to wri ting by a d uly�quali" " I rreg ular, " as when a person, baving a sum
fled offi cer and 5\\'01'11 to by the deponent. of money which he does not Lhink safe in his
'.fo deprive an intli vid ual of a p ubli c em· own hantls, conudes it to another, who is to
 DEPOSIT 857 DEPOSITUM

return to him. not the 3ame money, bllt a DEPOSITARY. The party recei ving a
lil,e sum whpn be shal! demand it. There deposit; one with whom anything is lodged
is also a U q'u,asi deposit , " as where a person in trust, as "depository" is the place where
comes lawfully to the possession of another it is put. The obligation on the part of the
person's property by finding i t ; and a II spl'cial depositary is that he l-;(,>f'p the thing with
deposit" of money or bills in a bank, where reasonable care. and, upon request, restore
the speci fic money, the vpry silver or gold, it to the depositor, or otherwise deliver it,
coin or bjJIs, deposited. are to be restored. according to the original trust.
and not an equiv alent. Story, BaiJUl. § 44.
DEPOSITATION. In Scotch law. De­
at seq.
posit or depositum, the species of bailment
The difference between a deposit and a ma ndate
is that while the object of a deposit is that tho
80 called. Bell.
thing bailed be kept, simply, the objoct of a mao­
date is that the thing may be transported from
DEPOSITION. The testimony of a wit­
point to point, or tha.t so mething be done about it. ness taken upon interrogntories, not in open
S Ga. 178. court. but in pursuance of a cOlUmission to
Deposits made with bankers may be divided in­
take testimony issued by a court, or under a
to two classes,-those in which the bank becomes
general law on the subject, and reduced to
bailee of the depositor, the title to the thing de­
posited remaining with the latter : and that kind w riting and duly authent.icated , and intend­
pceuliar to banking Qo siness , in which the depos­ ed to be used upon the trial of an actlon in
itor, for his own convenience, parts with the title
to his money. and loans it to the banker, and the
court. E
A deposition is a written declaration un-
latter, in consideration of the loan of the money,
Ilnd the right to use itfor his own profit, agrees to der oath, made upon notice to the ad verse
refund the same amount, or any part thereat, on party for the purpose of enabling him to at­
demand. Money collected by one bank for anoth­ tend and cross-e xamine; or upon written in-
er, placed by the collecting bank with Lhe bulk of
its ordinary banking funds, and credited to the
terrogatoril's. Code Civil Proe. Cal. § 2004; F
tr!loll smitting bank in account, becomes the money Code Civil Proc. Dak. § 465.
of the former. It is a deposit of the latter class. A deposit ion is evidence given by a. witness uu-
2 Wall 252. del' intenogatories, oral or written, and usually

G
Deposit, in respect to dealings of banks, includes written down by an official person. 10 its gene rio
not only a bailment of money to be returned in the sense, it embraces all written evidence verified by
6ame identical specie. but also all that class of oath, and includes aJIidavits; but, in legal Ian·
contracts where money is placed in the hands of guage, a distinotion is maintained between depo­
bankers to be returned, in other money, on call. sitions and affidavits. 3 Blatchf. 456.
15 N. Y. 9, 166, 163.
The term sometimp.s is used in a special
The word is also sometimes used to desig­ sense to denote a statement made orally by a H
nate money lodged with a person as an ear­ person on oath lJefore an examiner, com­
nest or security for the performance o f some missioner, or officer of the court, (but not i n
contract, to be forfeited if the deposItor fails opell cOllrt,) and taken down i n writing by
in hiB under�aking.
I
the exam i ner or under his direction. Sweet.

DEPOSIT ACCOUNT. An account of In ecclesiastical law. The act of de-

sums lodged with a hank not to be drawn priving a .clergyman, by a competent triLu­

upon by checks, and usually not to be with­ nal, of his clerical orders, to punish h i m for

drawn except after a fixed notice. some offense <lnd to prevent his acting i n fut­
ure in his clerical character. Ayl. Par. 206. . J
DEPOSIT COMPANY. A company
DEPOSITO. In Spanish law Deposit;
whose business is the safe-keeping of secur'i­
the species of bailmen� so called. Schm.
ties or other valuables deposited in boxes or
Civil Law, 193.
safes i n its building which are leased to the
depositors. DEPOSITOR. One who makes a deposit. K
DEPOSIT, GRATUITOUS. Gratuitous DEPOSITORY. The place where a de­
deposit is a deposit for which til€' depositary posit (q. v . ) is placed and kept.
recai ves no consideratiOll beyolld the mere
pcssession of the thing deposited. Civil DEPOSITUM. One o f the four real con­ L
Codo Cal. � 1844. tracts specified by Justinian, and having the
following characteristics : (1) The deposi�
DEPOSIT OF TITLE-DEEDS. .A. tary or depositee is not liable for negligence.
method of pledging real properLy flS security however extreme. but only for fraud.
dolus,·
for a loan, by placing the title-deeds of the (2) the property remains in the depositor, M
land in the keeping of the lenlier aa pledgee. the depositary having only the possession.
 358 DERELICTION

Preca1'tum and sequestre were two varieties \ by an agetot and by a deputy. An agent can only
bind his pl'iocipal when be does the act in the
of the depositum.
name of the principal. But a deputy may do the
DEP O T. In the li"rench law. is the depos­ act and sign bis own name, and it binds bls prin­
cipn.l; for a d ep uty has. in law, tho whole power
itum of the Roman and the deposi t of the
of bis principal Wharton.
English law. It is of two kinds. being either
(1) drpOt simply so called, and which lDay be DEPUTY LIEUTENANT. The dep­
either voluntary or necC'ssary. and (2) s:ques­ u ty of a lord lieutenant of a county in Eng�
t·},P, which is a deposit madE! eithrr under a n la nd .
agreement of the pa rties, and t!) abide the
event of pending litigation regard i ng iL, or DEPUTY STEWARD. A .te ward of a
by virtue uF Lhe u i rection of the court or a m all Ol' may depute or authorize anot her to

j udge, pending litigation regardi n g it. hold a court; and the acts done i n a court so
Brown; Ci vil Code La, 2897. holden will be as legal as if the court had
been holden by the chief steward in per�
DEPRAVE. To defame; vlJify; exhibit son. So an under steward or dep u ty may
for, In E ngland i t i s a c ri m i n al of­
conte m pt
authorize another as subdeputy, pro hac vice,
fense to udepra.ve" the Lord's slipper or the
to hold a court for hi m ; such limited autbor­
Book of Common Prayer. Stepb. Crim.
i ty not being i nconsistent with the rule dele�
Dig. 99. gatus non potest delegare. ·Wharton.
DEPREDATION. In French law. The
DERAIGN. SeelU s to m�an. literally, to
village whIch ls made of the goods of a de­
confound and . disorder, or to t.urn out of
cedent.
course, or displace; as deraignment or dl'r
DEPRIVATION. In E ngl ish ecclesias· partu l'e out of religion, in St. 31 Hen. VIII.
tical law. The taking away from a clergy­ c. 6. In the common law, the word is used
man his benefice or other s pirit ual promotlOn generally in the sense of to prove; viz., to
or digni ty, either by s en te nc e declaratory i n deraign a right, deraign the warranty, etc.
the proper cOllrt for H t and sufficient causes or Glan v. Ii\). 2, C. 6; Fitzh. Nat. Brav, 146.
in pnrsuance of divers pen al statules which Perhaps this word " d er aig n ,
,. and the word
declare the benefice void for some non·t'eas· "tleraiglltnent." derived from iL, may be used
anceOI' neglect. 01' some malfeasance or cl'ime. in the sense of tQ prove and a prOVing , by
3 Steph. Comm. 87, 88 ; Burn, Ecc. Law, tit. di spro vin g of what is asserted i n opposition
IIDepri v at ion. " to truth and fact. Jacob.

DEPRIVE. In a constitutional provision

DERECHO. In Spanish law. Law or
tbat no person shall be "dejJri'oed of his
right. com.un, common law. The
Del'echo
property " without due p ro.: ess of law, this
f!
civil law is so called. A rig l.J t. Dereclw8,
word is eq ui v:tlen t to the term take," and
rigltt.�.
denot es a tak i ng alloget lJer. a se i z ur e , a direct
appropriatioll, dispossession of t he owner. DERELICT. Forsaken ; abandoned; de­
21 1'a. St. 147. serted; cast away.
Personal prop('rty abandon ed 01' thrown
DEPUTIZE. To appoint a depu ty ; to
appoi nt or commission one to ad as deputy to
away by the owner in such manner as to in­
dicate that he intends to make no further
an officer. In a general sense, th� terlll i s
claim t heret o. 2 H I . Comln, 9; 2 Heeve, Eng.
descriptive of empoweri ng o n e person to act
Law, 9.
for another i n an y capacit.y or relation , uut in
Land left uncovered by the receding of
1 it is almost al ways restricted to Lhe s n u­
water from it.s form er bed.2 Holle, Abr.
stitution of a person appointed to act for an
officer of the law .
170; 2 Bl. Comm. 262; 1 Craub, Heal Prop .
109.
DEPUTY. A s ubsti tute ; a person duly
authorized by an officer to exercis e some DERELICTION. The gainin� of land

01' al l of the functions pertaining totl.Je oftlce, from the water . i n consequence of the sea

in the place and stead of the latler. shri nki vg back below Lhe usual water mark;
the oppositp. of nil'll/v ion. (q.
1:>.) Dyer, 32Gb,'
A daputy differs from an o,ssigneo, to thnt an as-­
signee has an intere st in the office itself, and does 2 BI. Comm. 262 ; 1 Staph. Com,?, _ 419.
aU things in his own name, for whom his grantor In the Civil law. The voluntary aban�
shall not answer, except in special cases; but a
donment of goods by the OWuel', without the
deputy has not any interest in the office, and is
only the shadow of the officer in whose name he
hope or the purpose of r�tu rn i ng to the pas·
&CW. And th ero i8 a dist.inction in doing an act session . 12 Ga. 473 i 2 Dl. Comm. 9.
 DERIVATIVA POTESTAS, ETC. 359 DESCRIPTIO PERSON.ll!l

Derivativa potestas non potest esse in a will, and incl u des aU who proceed from
m aj or primitiva. Nay, Mi\X. ; ·Wing. Max. the boely of the persoll na.med; as grandchil­
66. The derivative power c,�n not be greater dt't'o a nd great·grandchildren. Amb. 397 ;
than the p ri miti \'6. 2 IIiI. Hcal. !'rop. 242.
DERIVATIVE. Coming fr om an oth er j DESCENDER. Descent; in the d e3cent.
taken from s omething preceding ; seconda.ry ; See FOltMEDON.
that which has not its or ig in ill it sel f . but
D E S C E N T. Hereditary 8uccf'ssion.
owes its existence to someth in g foregoin g.
SlIcces:sion to the ownerShip of an estate by
DERIVATIVE CONVEYANCES. inhm'iLancc, or by any act of law, as distin­
Conveyan ces which presuppose some other g uished [rom " p urchase . " Title by desct.:!nt
conveya nce preced ent, and only ser ve to en� is the title by which one person , upon the
large. confirm, alter. restrain, reslore. or death of anoth er, acqUires the re al estate of
t.ransfer t.he interesL g ra n ted by such origi­ the latter as his heir at law. 2 Bl. Comm.
nal conveyance. They .He l'eleases, confir­ 201; Com. Dig. .. Descent. IJ A.
mations. surrenders. ass ign m ents. and defea­ Descents arC of two sorts,-linenl, as from father
sances. 2 Bl . Comm. 324. or grandfat.her to son or grandson ; or collateral,
as from brother to brother, or cousin to cousin ,
DEROGATION. T he partial repeal or Tbey are also distinguished into mediate and im­
abolishing of a law. as by a su bseq u en t act mediate descents, But tbeso terms are used in

which limi ts its scope or im pai rs i ts uti l ity

different senses. A descent may be said to be a E
mediate or immediate descent of the estate or
and force. Distinguished from ab1'ogation. right ; or it may be said to be mediate or immediate,
which mean s the e nt ire repeal and annul· in regard to the mediateness or immediateness of
roent 01 a law. Di g. 50. 17, 102. the pedigree 01' consanguinity, ThUS, a descent
from tbegrandfather, who dies in posseSSion, to the
DEROGATORY CLAUSE. In a will, grandchild, t.he father being then dead, or from the F
this is a s e nten ce or secret character i nsert-­ nncle to the nephew, the brother being dead, is, in
the former sonse, in law, immediate descent, al�
ed by tbe tes tator, of wbich he reserves the
though the ono is collat.eral and t.he other lineal ; for
l.:nowledge to himself, with a conuilion that the hoir is in the pet, and not in the per and cut
no will he m;�y make therea fter should be On the other hand, with reference to tbe line of G
valid, unles::> t.h is clause be insert.ed wor,l for pedigree or consanguinity, a descent is often said
to be immediate, when the ancestor from whom the
word. T his is done as a precaution to guard
party derives his blood is immediate, and witllOnt
aga i ntit. hiler wil ls ueing ex tor ted by viol<-ncc, nuy intervening link or degl'eos; and mediate,
or otherwise improperly obtained. By the when the kindred is dorived from him meuumte
law of Eng land such a clause would be void, (litera. another ancestor intervening between H
tht!m. Thus a descent in lineals (rom rather to
as tendi ng to wake tlle will irrevotable.
son is in this sense immediate; but 0. descent from
·WlJarton. gnmUfat.her to grandson, the father being dead,
OJ' from uncle to nephew, the brother being dead,
Derogatur legi, cum pars detrahitul' ;
is deemed mediate ; the father and the brother be-
abrogatur legi, cum prol"sus tollitul".
iug, in these latter cases, the medLll.m dttIcrcIl8, as I
To derogate frOID a law is to LEike a way part it is called. of the desceut or consangUinity, 6
of itj to ab t'og ate a law is to abolish it en­ Pet, ]02,

tirel y. Dig. 50, 17, 102. Descent was denoted. in the Roman law,
by the term " slI,cces:sio." which is also used
DESAFUERO.
irregular action
In S pa nish
committeu
law.
with violence
An
uy I3rac t on, and f rom which has been derived J
againsl law, custom, or reason. the 6ucce6sion of th� Scotch and l!"'rench j u­
risprudence.
DESAMORTIZACION. In Mexican
law. The desamo1'tizacion of properLy is t.o DESCENT CAST. The devolving of
take it out of mortm a i n , (of'all hands j) that real ty upon t.he h e ir on the dcat ll of bis an­ K
is, to unloose it from the g ras p, as it \v e re , cestor i ntestate.
of ecclesias ti c al or civi l corporations. Th lj
DESCRIPTIO PERSONlE. Lat. De.
term has no equivalent in
Mex. Law . Ii 749.
English. Hall.
scription of the person. By th is is m ean t a l
w o rd or phrase use d m erely for the pUt'pose

DESCENDANT. One who is descended of identifying or poi n t i n g out the perSall in�
from an oth e r ; a pe rson who proceeds from tended, and not as an in limation that the
the body of another, s uch as a child, grunt.l­ language jn con nection with which i t occurs
chil d . etc .• to tile remotest d eg ree.
M
The terlU is to apply to him only in the official or lec ll -
is th" opposite of " ascendant, " (q. v.) nical chi\nlcter which m i ght avpear to be in­
Descendants is a good term of descripti on dicated by the word.
 DESCIUPTION 3GO DESPERATE DEBT

DESCRIPTION. 1. A delineation or DESHONORA. In Spanish law. Dis �

iccount of a particular subject by the recital honor; injury; slander. Las Parlidas. pt. 7,
of its cllaraclerisLic acciJents <Lnd qualities. Lit. 9. 1. 1. 6.
2. A written enumeration or items com­
DESIGN. In the In w of evidence. Pur·
posing an estate, or of its condition, or of
pose or intention. combined with plan, or im­
titles or documents; like an i n ventory. but
plying a plan in the mind. Burrill. Circ.
with more particularity, and w i thoul iuvolv­
Ev. 3al.
ing the idea of an a ppraiseme n t.
As a term of art, the gi ving of 1\ visible
3. An exact written account of an article.
form to the conceptions of the mind, or in­
mechanical device. or process which is the
vention. 4 'Vasil. C. C. 48.
subje c t of an application for a pa te nt .
4. A m et h od of pointing out a particular Designatio justiciariorum est 8 rege ;
person by refe rrin g to his relationship to some jUl'isdictio vel'O ordinaria a lege. 4 lnst.
other person or his character as an oOictll', 74. The appointment of j ustices is by the

trustee. executor, etc. ki n g, but their ordinary jurisdiction by the

5. That part of a conveynDcP, advertise­ law.

mentof sale. etc . , which iden ti fies the land DESIGNATIO PERSONlE. Th. de­
i ntt!ntlcd to ue a1Iectcd . scription of a person or a party to a deed or
COil tract,
DESERT. To leave or quit with an in ..
tention to cause a p erm ane n t separat.ion; to Designatio unius est exclusio alterins,
forsake utterly ; to abandon. et expl'essum facit cess are tacitum. Co.
Litt . 210. 1.'l1e specifyi IIg of one is the eX..
DESERTION. The act by which a per­ elusion of another, and that which is ex ..

son abandons and forsakes, witllout j ustifl­ pressed makes that which is understood to
calion, ai' unaut horized, a station or con­ cease.
dition of public or social Ufe, renoll ncing its
responsiLilities and evading its duties. DESIGNATION. A description or d.·
scrivti ve expression by which a person or
The act of forsaking, deserting, 01' auan·
thiug is deuoted ill a will without uSin g Lhe
doning a penson with whom one is legally
bound to Ii ve. 01' for whom ODe is legally name.

bound to provide, as a wife 01' husband. DESIRE. 'flIis term, used in a wil l in ra..
Tho act. by wbich a mall qUits the SOCiety lalion to tlIe mall Hgt!ment and distriuutioll 01
of his wife and children, or either of them, properLy, is sutliclent to create a trust, al­
and renounces bis duties towards them. tllo ugh it is precatorj" raLl1er th an imperative.
"For the purposes of tbis case it is sufficient to 78 Ky. 123.
say tba.t the offense of desel'tion consist.s in the ces�
sation of cohabitation, conpled wiLh a determi­ DESLINDE. .A term used in t.he Span­
nation in the mind of the offending person not to ish 1a w, denoti n g the act uy which the bound�
renew it. " 43 Conn. 31S, a ries of a n estate or portioll of a country are
A n offense which consists in tho abandon· determined.
ment o( his duties by a person e m ployed in
DESMEMORIADOS. In Span ish la w .
the public s erv ice . in t he army or navy, with�
Pel'so n� dep rived of memory. White, New
out leave, and wiLli tbe intention not to
Recop. b. 1. tit. 2. c. 1. § 4.
l'e tul'Jl .
In respect to the military service, there Is a dig.. DESPACHEURS. In maritime law.
tinction between desertion and simple absence
Persons appOinted. to setUe Cases of aver,lge..
Wi .ut leave. In order to constituto deset·tion,
there must be both an absence and an lntention not
DESPATCHES. Official commun icatiolU
to return to the service. 115 Mass. 336.
of official persons on the affairs of govern­

DESERTION OF A SEAMAN. Th. ment.

act by which a seaman deserts and abandons
D E S P E RA T E . ITopeless; worthless.
a ship or vessel, in which he bad engaged to
This term is used in inventories and sched­
perform a voyage, before the expiration of
ul es of assets, pal'Liculurly by executors, etc.,
his time. and. wi th o ut leave .
to describe de bt.s or clailOs which are COD­
By desertion, in the maritime law, is meant, not
sidered im p ossible or hopeless of collection .
A. mere unauthorized absence from the ship without
leave, but nn unauthorized absence from the ship,
Se. 11 W.nd. 365.
with an intention not to return to her service, or,
D E S P E R A T E DEBT. A hopeleu
as i t is often expressed, antmo non nlt/erten H :
that ii, with an inwntion to desert. S Story, lOd. debt; an ilTecoverable Obligation.
 DE SP IT E 861 DETE;-ITIO

D E SP I T E • Contempt. Despitz, con· legacy when he prescribes the specific use to

tempt.. Kelham. which it shall ue put.
The port at w h i ch a ship is to end her voy­
DESPITUS. Co n temp t. See DESPITE.
age is called her " port ot des tination . "
A contemptible person. Fleta. lib. 4. c. 5.
Pardessus, no. 600.
DESPOJAR. A possessory action of the
.DESTRUCTION. A term u.ed tn old
"Mexican law. It is Lro llg bt to re cover pos­
English law, general ly i n connection wi th
session of immovable property, of wh ich one
waste, and h aving, acco rdi ng to some. the
has been desp oi led (dC.'Jpujado) by 11 nothe r.
same meaning. 1 Reeve. E ng. Law. 385; 3
Th e word "despo i l " ( despojar) involves. in
El. Comm. 223. Britton, however, makes a
its signif ication, violence or ciandtlstine
distinction between waste of woods and de­
means by \\' hicb one is dep r ived of that which
struction of hOll!�e8. Britt. c. 66.
he poss esses . 1 Cal. 268.
DESUBITO. 1'0 weary a person with
DESPOIL. This word i nvolves. in its
co n ti nu al barkings, and then to Lite; spoken
Bignification, viole nce or dmd es t ine means
of dogs. Leg Al li red . 26. cited in C u n ning.
by which one is depri ved (If that which he
ham's Dict.
possesses. Its :::l palll!')h e q ui va len t. despojar.
is a ter m used in Mexi can law. 1 Cal. 268. DESUETUDE. Disuse; c essati on or dis­
continuance of use. Applied to obsolet e
DESPONSATION. Th e act of bet l'o th­
statutes. E
ing persons to each other.
DETACHIARE. To seize or take into
DESPOSORIO. In Span ish law. E s­
custody another's goods or p erson .
pousals ; mutual promises of future mar riage.
White, New Recop . b. 1, tit. 6, c. I, § 1. DETAINER. The act (01' the j u ri dic al F
fact) of withhol din g from a person lawfully
DESPOT. This word, in its original and
entilled tbe possessi on of land or goods; o r
most simple acceptution. s i g ni fi es master and
the restraint of a man's personal Uberty
supreme !Q?'d ; it is synonymoll� with mon­
against his will .
arch; but taken in bad part. as i t is u s ually
employed , i t signifi es a tyrant. In some
The wroogCul keeping ot a person's goods is G
called an " u nlawful detainer" although the
states, despot is the ti tle gi ven to the so ver­ original talting may have been la.wfuL As, it one
eign, as king is given in others. En c. Lond. distrains another's cattle. damaGe feasant, and
before they are impounded the owner tenders

H
DESPOTISM. T hat abuse of go vern­ sufficient amends; now, though the original tak-

ment. where the sovereign power is not di­
vided, but u n i Led i n Lhe hands of a si ngle
man, w hat(�v er may be his official tiLle.
is not. properl y. a for m of government.
Tou l li er. Dr. Civ. Fr. tit. prel. n. 32.
iug was lawful, the subsequent detentiOD ot them
after tender of a.mends is not lawful, and the OWD-
er has an action of replevin to recover them, in
It which he wlll l'cl!over damages for the detention,
and not for the ell {ltion, because the original tak­
ing was lawful. S Staph. Comm. 548.

"Despotism" is not exactly synonymous with In practice. A writ or instrument, is­

"autocH'acy, " for the tormer involves the idea of sued or m ade by a competent officer. allthoriz�
\yrrany orabuse of power, which is not necessarily
implied by the latter. Every despotism is aulo·
iug tile keepp.r of a pIison to keep in his cus­
tody a pe rsun therein named. .A. det.ainer
J
cratic j but an autocracy is not necessal'i1y despotic.
may be lodged aga inst one within the wal l s
DESPOTIZE. To act a. a de.pot. Web­ of a p riso n , on what acco u nt soever he is
Bter. there. Com. Dig. " P roce ss, " E, (3 B. )
DESRENABLE. L.Fr. Unreaso nable. T his w rit was supe rseded by 1 & 2 Vict. c.
Britt. c. 121. 110, §§ 1, 2.
K
DESSAISISSEMENT. In French la w . DETAINMENT. Thi. term t. u .ed in
When a pe rson is declared bankrupt, he is poliCies of marine insul'ance, i n the c lau se
im medi ately deprived of the enjoyment. aull relating to " arrests , restraints, and detai n­
administration of all his prop erty ; this dep­ ments . " The last two words are construed L
rivati on, which extends to all his r ight s , is as eqUiva le nts, each mean i n g the effect of
called " dessaistssemen t. " Arg. Fr. Merc. s uperior force ope rating directly on the ves­
Law, 556. .el. 6 Mass. 109.

DESTINATION. The p urp os e to which DETENTIO. In the ci vil law . That

it is intended a n article or a fund shall be cond ition of fact under which one can exel'· M
appl ied . A testator gives a destination to a cise his power over a corporeal thi ng at his
 DETENTION
pIeas ure. to the exclusion of all oth ers .
forIns the substance or possfssion in nIl its
,·arieties. Mackeld. Rom. La w , § 238.
DETENTION. The act of I< eepi ng back
or withholding. either acciJental1y 01'
sign, a pe rs oll or tbing. See DETAIN,EIt.
DETENTION IN A REFORMA·
TORY, as a pu ni sh ment or m eas ure of pre­
vent i on. is wher e a j u ve n ile offender is sen­
tenced to be senl to a reformatory school . to
be there detained for a certain p eriod of ti me .
1 Russ. Crimes. 82.
DETERMINABLE. That which
ce ase or determine upon the lJappening of a
certain contingency. 2 Bl. Camlll. 121.
DETERMINABLE }'EE. (Also called
.a "qualified" or " b ase " fee.) ODe w h i ch has
a q l U l.li fjcation subj oi ned to it. and which
mllst be determined whenever the qual ilica.­
tion annexed to i t is at an end. 2 Bl. Com Ill .
109.
An estate in fee which is liable to be de­
termined by some act or event expressed on
its l imitation to circumscribe its con tin uance,
or inferred by law as uounding its extellt.
1 Washb. Real Prop. 62; 35 Wis. 36.
DETERMINABLE FREEHOLDS. Es·
tates for life, which may dett'rmine upon
future cont i ngencies before the life for whicll
they are created expires. As if �m es tat e be
granted to a woman during her w i dowhood,
or to a man until he be pr omoted to a bene­
fice; i n these and similar cases, wlu'Bevcr the
contingency happens.-wbcn the widow w ar­
ries. or when tile gr a ntee outains til e bell efice.
-the r(>specti v e ('sta tes arc abs ol u tdy deter­
mined and gone. Yet. w h il e they s u bsist,
they arc rt'ckoned estates for life; becaus e
they may by possi bi l i t y last for life, if tho
conti ngencies upon whieh they are to d eter ­
mill£' do not souner happen. 2 £1. Comm.
121.
DETERMINATE. That which is ascer­
tained; what is particularly d esignat ed .
DETERMINATION. The d ecisi on of a
court of justice. The ending or eX!Jiration
of an estate or interest in property, or of a
righ t, power, or authority.
DETERMINE. To come to an end.
bring to an end. 2 B1. CoIDm. 121; 1 Washb.
Real Prop. 380.
DETESTATIO. Lat. In the civil law.
A. sum moning made. or notice gi ven. in tbe
362 DETUNlCARl
It presence of w itn esses , (denuntiatio facta
eltm testatione.) Dig. 50, 16, 40.
DETINET. Lat. He d et ai ns. 10 old
Engl is h law. A species of action of debt,
wh i ch Ia.y for the spec i fic recovery of goods,
by de­
under a contract to del iver them. 1 Reeves,
Eng. Law, 159.
In pleading. An action of debt is said to
be i n the detinet when it is alleged merely
that the defen dant withholds or unjustly de­
tai ns from t he plaintiff the thing or amount
demanded.
An acti on of replevin is sa.id to be in the
detinet when the defendant relai ns posses­
may
s ion of the property uotil after judgment in
the action. Bull . N. P. 52; Chit. PI. 145.
DETINUE. In practice. A form of ac­
tion which li es for the 1'eCO\'6rYI in specie,
of personal chattels from one who acqu ired
possession of them lawfully. but ret:lins it
without right, togeth er witil damages for the
detention. 3 BI. Carom. 152.
'.rhe act.ion of deUmlC is defined in the old boob
as a remedy founded UpOD the delivery of goods
by the owner to another to keep, who afterwards
refuses to redeli ver them to the bailor ; and it i.
said that, to a.uthorize the maintenance of the ao­
tiOD, it is uecessary that the defendant should have
come lawfuUy into the possession of the chattel,
either by delivery to him or by findiDg it. In fac�
it was once understood to be the law that detinUe!
does not lie where the property had been tortiously
taken. But it iSI upon principle, very unimpor·
tant in what manner the defendant's possessiou
commenced, since tho gist of the action is tbe
wl'ongful detainer, and Dot the original taking.
It is only incum ben t upon the plaintiff to prove
property in himself, and possession in the dofend­
ant. At present. the action of detinue is proper
in every case where tbe owoer prefers recovering
the specific propel'ty to damages for its convcl'sion,
and no regnrd is had to the manner ill whic h the
defendant acquired tho possession. 9 Port. (Ala.)
151.
DETINUE OF GOODS IN FRANK
MARRIAGE. A writ formerly available
to a wife after a divorce. for th e recovery ot
the goods given wiLli her in marriage. Moz­
ley & Wh i tley.
DETINUIT. In plellli i ng. An action of
replev in is said t o be in the detinuit wbell
the plaintiff acqUires possession of the prop­
erty clnilUoti by m eans or the writ . The right
to retai n is, of course. subject in sllch case to
the j udg m ent of the cou rt upun his title to
To t h e property claimed. Dull. N. P. 521.
DETRACTARI. To bo torn in piec..
by horses.Fleta, 1. I, c. 37.
DETUNICARI. To disco"er or lay opeD
to the world. Matt. Westm. 1240.
 DEU:-:X 363 DEVISAV11' VEL NON

DEUNX. pl. DEUNCE8. Lat. In the DEVEST. To deprive; to take away; to

Roma n Jaw. A division of the as, con tai n ­ wilhurnw. Usu ally spoken of an authOrity.
Ing <,leven uncireor duodecimal par ts ; the pro­ power, property. or titl e ; as tbe estate is de­
portion of eleven-twelfths. 2 BI. Cumru. vest('.l.
462, note. S,e As. Devest is opposite to in vest. As to in­
vest sig ni fi es to deliver the possessioll of
DeUB solus hmredem facere pot ost,.
a nythi ng to 8nother, 80 to devest. signifi es to
non homo. God alone, and not man, can
lak e it away. J acob.
make an heir. Co. Lilt. 7&; Droa m . :Max.
1t is sometimes w ritten "divest" hut "de­
516.
Yest" has the support of the bes t autburity.
DEUTEROGAMY. The :tcl, or condi­ Burrill.
tion, of olle who m a.rries a wi fe after the
DEVIATION. In insurance. Vary­
death of a former wire.
i n g from the risks insured agai nst . as de·
DEVADIATUS. or DIVADIATUS. 8cril.Jed in the policy . without necessity or
An offender without sureties or pledges. just cause. after the risk has b egu n . 1
Cowell. Phil. Ins. § 977, et seq.; l ArD. I ns . 415, et
seq.
DEVASTATION. Wastefll l us. of tho
.Any unnecessa.ry or unexcuseU departu re
prop erty of a deceased pf'l'son, UB for extrav­
from the usual or general mode of carrying
aganL f U l 1 eral other unnecessary
or ex­
on the voyage i ns ur ed. 15 A mer . Law Hev. E
penses. 2 lll. Com In. 508.
10K
DEVASTAVERUNT. 'fhey haye wast­ Deviation is a departure from tho course of
ed. A term appli ed in
Engl i s h law Lo
old the vo,"uge insured, or an u nl'easonable de lay
wilste by executors and administrators, and in pu rs u i ng the voyage, or the commence. F
to th e process issued against. them therefor. ment of an en ti rely different v oyage. Civil
Cowell. tiee DEV ASTA VIT. Code Cal. § 2694.
A deviation is a voluntarydepnrturefrom or de-
DEVASTAVIT. J� at. He has w as ted. . lay in the usual and regular course of a voyage in­
The act of an executor or adlllini strator in sured, without necessity or reasona.ble cause. This G
discharges the insurer, from the time of the de­
wastin� t h e goods o f the deceased ; mism an­
viation, 9 Mass. 436.
agement of the estale hy which a loss occurs;
a breach of t r ust or m i sappropriation of as­ In contracts. .A change made in the
sets held ill a tiullcial',\' ch aracter ; any viola­ progress of a w ork from th e original terms

tion or negl ect of d u ty by an executol' or au­ or d esig n or mcLhod agreed upon. H

ministrator, i n volving loss to the decedent's DEVICE. In a statute a ga inst gnming
estate, which makes him pe rsonally respon­ devices, this term is to be understood as
sible to heirs, creditors, or legatees. m e an i n g someL hi n g formed by des i gn, a con­
Also, if plai n ti ff. ill an action Cl,juinst an triv ance, an lUvention, It is to be distin- I
executor or admin istrator, has obtained Judg­ g u ished from " s u l)s t itu te, " which means
m ent, tile us u al execution runs de bon is tes­ some t h i n g p u t in t he p l ace of another thing,
tato1'is; but, i f th e shel'itI ret urn s to s u ch a or used i nstead of sumething else. 59 Ala,
W fi t nulla uona te�tatoris nee propria, tho 91.
plai ntiff may, forthwith, upun t his return, sue
ont an execlltion against the propel ty or per. DEVIL ON THE NECK. An instru- J
son of the e x ecu tor or admin Istrator, in a s
ment oft.orture. formerly llsed to extort con­
fessions, etc. It WHS made of several irons.
full a manner as in an actiol1 against him,
whi ch 'wcl'e fastened to the l1E!ck and legs,
sued in his o w n right, .such a ret ur n is
called a "devastavit. " Brown. and wrenched together 80 as to break the K
back. Cowell.
DEVENERUNT. A w rit , now obsolete,
DEVISABLE. Capaole of being devised.
directed to ihe king ' s escheators when any
I Pow. D ev . 165; 2 BJ. Com ill . 373.
of the king'g tpnants in capite elies, and
when his son and heir dies within age and DEVISAVIT VEL NON. In practice. L
tile es­
in the ki ng's custody, com m andi n g The name of an issue sent out of a court
cheat, or that by th e oaths of twelve good of ch a ncery, or one which exercises ch ance ry
and lawful men t hey sba lt inq u il'e what j urisdiction. to a court of law, to t ry th e va�
lands or tent-menls by Lbe death of the ten­ li d i ty of a paper asserted aud denied to be a
ant. have come to tlltl king. Dyer. 360i will, to ascertain whet.her or not thl' testator
M
Tc::r m e.s de \a Ley. did devise, or wlH'ther or not tlJat paper was
 DEVISE 364 DICAST

his will. 7 Brown, ParI . Cas. 437 ; 2 Atk. DEXTANS. Lat. In Roman law. A
424; 5 Pa. St. 2 1 . division of the as. consis ting of ten uncirE j
ten-twel fth�. or five·sixths. 2 BI. COIDID.
DEVISE. A gift o f real property uy will.
462. note m.
. D evise properly relates to the disposal of roal
property. not of personal. 21 Barb. 551, 561. DEXTRARIUS. One at the right hand
Devise is properly applied to gifts of Teal prop­ at another.
erty by will, but may be extended to embrsQ6 per­
sonal property, to exeeute the intention of the tes­ DEXTRAS DARE. To sh ake hands in
tator. 6 Ired. Eq. 173.
token of friendship ; or to give up o neself to
The words "devise tt " le aaey " and "bequest"
the power of auotber person.
mny be applied induferentiy U; real or persona.l
prop�rty. if sucb appears by the context of a will
DI COLONNA. In mariti me law. The
to have been the testator's intention. 21 N. H. 514.
contract whi ch takes pJ ace between tile
Devises are contingent or vested; th at is. owner of a ship. the captain, and the mari­
after the death of the test.ator. Cont i nge nt. ners, who agree that the voyage shall 1>e for
when the vesti ng of any es tate in the devisee the benefit of all. The term is used in the
Js made to d epend upon some futm'e event. Italian la w . E roerig . Mar. Lonns, § 5.
ill w h ic h case, if the e ve nt. never occur. or
u nti l it does occur, no estat,e vests under the DI. ET FI. L. Lat. In old writs. An
devise. But, w h en the future event is re­ abbreviation of dilecto et fideli. (to his be­

ferred to m erely to determi ne the time at loved and faithful.)

which the de v isee shall come into the use of DIACONATE. The office of & deacon.
the estu te. this does not hinder the vesting of
DIACONUS. A deacou.
th� est ate at the death oC the testator. 1
Jarm . Willa, c. 26. DIAGNOSIS. A m ed ical term, m eaning
An exBC'utory devise of lands is such a d iSpo­ the discovery of the source of a patie n t's ill­
sition of them by will tha.t t.hereby no estate ness.
vests at the death of the devisor, but on ly on
DIALECTICS. That branch of log ic
some future contingency. It differs from a
which teaches tbe rules nnel modes of rea·
remai nder in th ree v cry materia l pain ts : (1)
son in g.
'1'h:\t i t n eeds not any particular e s tate to sup­
port i t ; (2) that by it a fe e-simpl e or other DIALLAGE. A.. rhetorical figure in
less estate may be limited after a fee-Si mple ; which argu ments are p l aceu i n v ario us points
(3) that by this means a remai nd er may be of view, and then turned to Olle point.
l im ill."d of a chat tel interest. after a parik u­ Enc. Lond.
lar estule for life created in tbe same. 2 BI.
DIALOGUS DE SCACCARIO. Dia-
Comm. 172.
10�He of or about the exch equer. An anc ient
DEVISEE. The p(>J"son to whom l a nds treatise on the court of excht!qller, altri1>uted
or oiher real property are devised or given by 50IDe to Gen'asa of Ti lbu ry . by otbers to
by will. 1 Pow. Dev. c. 7. Richard Fitz Nigel, bislJop of Lonu.on in the
DEVISOR. A gi verof lands or real estate reign of ltichard 1. It is q uolt:d by Lord
by w ill ; the maker �f a w i l l of lands; a tes­ Coke under the name of Ockham. Crabb,

tator. Eng. Law, 7 1 .

DEVOIR. Fr. Duty. It i s lIBrd i n lhe DIANATIC. A logical reason i ng in a

statute of 2 Rich. II. c. 3. in tb� sense of progreSSive manner, proceeding from one
d ut ies or customs. 8uuject to another. Ene. Land.

DEVOLU:rION. In ecclesiastical law. DIARIUM. Daily food . or a s m nch 8S

The forfeiture of a right or power (as the will sulliee for the day. Du Cange.
ri gh t of present;ltion to a li ving) in conse­
DIATIM. In old records. Dai ly ; ever1
qu ence of its n on-user by the person hold ing
day; from day to day. Sp elm an.
it. or of some other act or omiss i on 011 his
part, and its resu l ting transfer to the person DICA. In old Engl i sh law. A tally tor
next entit.!ed. accounts. by number of cuts. (taillees.)
DEVOLVE. "To devolve mean� to pass marks, or notches. Cowell. See TALLlA,

from a person dyi ng to a person l i v i n g ; th e TALLY.

etymOlogy of the word shows its weaning." DICAST. An officer in ancient Greece
1 Myln. & K. 648. answering in some respects to our juryman.
DEVY. L. Fr. Dies; deceases. Ec ndloe. [I. but com Lining. on trials had Lefore tbem. the
 DICE 865 DIES A�1O RIS

functions or both judge and j ury. The dl­ In French law. The report of a JUdg­
casts Bat together in nu mbers varying, ac­ me nt made by one of the judges who has
cording to the importance of the case, from given it. Potb. Proc. Civil, pt. I, c. 5, art. 2.
one to fh'a hundred.
DICTUM DE KENILWORTH. The
DICE. Small cubes of bone or i vory, edict or declaration of Kenil worth. An
marked with flgures or devices on their sev­ edict or award between Kiug Henry III. and
eral sides, used in playing certain games of all the barons and others who had been in
chance. See 55 Ala. 198. arms against him; and so called because it
was made at Kenilworth Castle, in \Varwick­
DICTATE. To order or instruct what is shire, in the fifty-first year of ilis reign. can·
to be said or ... ritten.
\
· To pronou nee, word taining a composition of five years' I"C'lt for
by word, what is meant to be written by an­ tbe lands and estatt!s of those who hat! for­
other. 6 Mart. (N. S.) 143. feited them in that rebellion. Blount; 2
Heeve, Eng. Law, 62.
DICTATION. In Louisiana, this term
is used in a technical sense, and means to DIE WITHOUT ISSUE. See DYING
pronounce orally w hat is destined to be writ­ WITIIOUT Is/mE.
ten at the same time by another. It is used
in reference to n u ncupative wills. 16 La. DIEI DICTIO. Lat. In Roman law.
Ann. 220. This name was given to a notice promulgated
by a magistrate of his intention to present an
E
DICTATOR. A magistrate in vested with impeachment against a. ci tizen before the peo­
unlimited power, amI. created in times of na­ ple. specifying the day appO inted, the name
tional distress and peril. Among the Ro­ of the accused, and the crime charged.
mans, he continued i n office for six months F
only, and bad unlimited power and authority DIEM CLAUSIT EXTREMUM. (Lat.
over both the property and lives of the citi� He has closed his last day.-died.) A writ
zens. whicb formerly lay on the death of a tenant
in capite, to ascertain the lands of wbich he
DICTORES. Arbitrators. died seised. and reclaim them into the king's G
bands. It was directed to the kinglR es­
DICTUM. In general. � statement,
cheators. Fitzh. Nat. Brev. 251, K ; 2 Reeve,
remark, or observation. (hatis dictum,. a
Eng. Law, 327.
gratuitous or voluntary representation ; one
A w rit awarded out of the exchequer afler
which a party is not bound to m ake. 2 Kent,
the death of a crown debtor. the sheriff be­ H
Comm. 486. SimpZez dictum; a mere as­
ing commanded by it to inq uire by a jury
sert ion ; an assertion without proof. Bract.
when and where the crown debtor died, and
fol. 320.
what chattels. debts, an d lands he had at the
The word is generally used as an abbrevi­
ated form of obite1· d�ctum, "a remark by the
time of his decease. and to take and seize I
them into the crown's hands. 4 Staph.
waY j " thutis, an observation or remark made
Comm. 47, 48.
by a j udge in pronouncing an opinion upon
a cause, ·concerning some rule. p rinciple, or DIES. Lat. A daY i days. Days for ap­
application of law, or the solution of a ques­
tion suggested by the case at bar, but not
pearance in court. Pl'o\'isions or mainte- J
nance for a day. The king's rents were an­
necessarily in valved in the case or essential ciently reserved by so many days' provisions.
to its determination ; any statement of the law Spelman i Cowel l ; Blount.
enunciated by the court merely by way of
ill ustration, argument. analogy, or sugges­ DIES A QUO. (The day from which.)
K
tion. In the civil law. The day from which a
Dicta are opinions of a judge which do not em­ transaction begins; the commencement ofit;
body t.he resolution or determiuation of the court, the conclUSion being the dies ad quem.
a.nd made without a.rgument, or full consideration
Mackeld. Rom. Law, § 185.
01 the pOint, are not the professed deliberate de­
terminat.ions of the judge himself. Obitc?· dicta
L
are such opinions uttered by the way, not upon t.he
DIES AMORIS. A day of fav or. The
point or question pending, as if turning aside for namEl given to the appearance day of the term
llof the case to colla.t­
the time from the main top all the fourth day. or quarto die post. It was
eral subjects. 58.
62 N. Y. 47, the clay gi ven by the favor and indulgence
In old English law. Dictum meant an of the court to the defendant for his appear_ M
arbitrament, or the award of arbitrators. ance, when all parties appeared i n court, and
 DIES CEDIT 366 DIET

bad their appearance recorded by the proper Co. Litt. 134b. The quarto di. post was
officer. Wharton. sometimes 80 called. Id. 135a.
DIES CEDIT. The dRY begi ns; die. Dies inceptu8 pro oomplete hnbetur.
oenit. the day has come. Two expres'Ijons A day begun is held as complete.
in Uoman law which signify the vesting or
Dies incer'us pro conditione habetur.
fixingof an interest. and Lila interest becom­
.An uncertain day is held as a (·ondition.
ing a present�one. SandaTs J ust. Inst. (5th
1

Ed. ) 225, 232. DIES INTERCISI. In Homa" law.

Divided days; days on which the courts were
DIES COMMUNES IN BANCO. Reg· open for a part of the day. Cal v i n .
ular days for app('arance in COLI rt; called.
also, "common return-days.
11
2 Heeve . Eng. DIES LEGITIMUS. I n the civil and
Law, 57. old English law. A lawful or In w day; a

term daYi a day of appearance.

DIES DATUS. A day given or allowed,
(to adefenuant iu an Mtiull ; ) amounting to a DIES MARCHllE. I n old Engl ish law.

continuance. But the name waS appropriate The day of meeti ng of Eng lis h and Scotch,
only to a continuance bE'fore a declarat.ion which was annually beld 011 the marches or

tiled; if afterwards allowed. it was cal led an borders to adjust their dHfl'l'.' llces and pre­

"imparlance. " sene peace.

DIES NEFASTI. In H.uman law.

DI l!!S DATUS IN BANCO. A. day
gi ven in the bench, (or court of common
Days on which the courts were closed, and
pleas . ) Bract. fols . 257b, 3H
1: . A. clay given
it was u n lawful to administer just ice ; all­
swering to the dies non juridic' of the En­
in bank, as distinguished from a day at nisi
glish hnv. bLackeld. H.om. Law, § 39, notf'.
p1·ius. Co. Litt. 135.
DIES NON. Au abbreviation of Die ., .

DIES DATUS PARTIBUS. A day

non j1widicus, (g. tl.)
given to t.he partIes to an action : an adjourn­
menLor continuance. Crabb, Eng. Law, 217. DIES NON JURIDICUS. In practice .

A day not juridical; not a court day. A day

DIES DATUS PRECE PARTIUM.
on wbich courts are nut op e n for business,
A day gi ven on the prayer of the parties.
y
sucb as Sunda s and some holi days.
Bract. fo1. 358; Gilb. Comm. PI. 4 1 ; 2 Heeve,
E ng. Law, 60. DIES PAC IS. (Lat. Day of peace.)
The year was formerly di vided into the days
DIES DOMINICUS. The Lord'. day;
of the peace of the church and tile days of the
Sunday.
peace of the king. i n c l uding in the two di­
Dies dominicus non est juridicus. visions all the days of the year. Crabb, Eng.
Su nday is not a COUI:t day, or day for j ud ic ial Law. 35.
proceedings, or legal purposes. Co. Litt.
DIES SOLARIS. In old English law.
I35a,' Noy, 1tfax. 2; Wing. Max. 7, max. 5; A solar day, as distinguished from w hat was
Broom, Max:. 21.. called " dies tu,naris. " (a lunar day;) both
DIES EXCHESCENS. In old English composing an artificial day. Bract. fol. 264.
Jaw. The added or increasing day i n leap See DAY.
year. Bract. foh�. 359, 359b. DIES SOLIS. In the ci viI and old En­
DIES FAST!. In Roman law. Days glish law. Sunday, (literally, the day of the
on wbich the courts were open, and justice sun. ) See Cod. 3, 12, 7 .
could be legally admi n istereJ ; days on which DIES UTILES. Juridical days ; useflli
it was lawful for the prmtor to pro no u n ce or available days. A term of the Roman
(fari) the th1'es words. "do." " (lieo. " "ad­ law, utieu to des ignate lhose especial days oc­
dieo. " Mackeld . H.om. L,\\v, § 39, and not!'; c urri ng within the l im its of a prescribed
3 BJ. COlllm. 424, nole; Cal vin. Hence pt'riod of time upon which it was lawful, or
called " t rivsrbial days," answering to the pOSSible, to do a specific act.
dies jttridici of the English law.
DIET. A general legislative assrmbly is
DIES FERIATI. Lat. In the ci vil law, sometimes so called on the continent of Eu.
Holidays. Dig. 2, 12, 2. 9.
rope.
DIES GRATIlE. In old English prac­ In Scotch practice. The sitting of Ii
tice. .A day of g race courtesy, or favor.
. court. .An appearan ce day. A day fixed
 DIETA 367 DILAPIDATION

tor the trinl of a criminal cause. A criminal DIGESTA. Digests. One o� the titles
cause as prepared for trial. of the Panrlects of .Justinan, lnst. p1'orem,
§ 4. Bra.cton nses tlle 8ingular. " Digel­
DIETA. A day's journey; a day's work;
tum_I) Bract. fo1. 19.
n day's expenses.

DIETS OF COMPEARANCE. In DIGESTS. The ordinary name ot the­

Pandects of J ustinian. which are now usual­
t:-lcotch Jaw. The clays within w h i c h parties
ly ciled by the abbreviation " Dig. " instead
in civil and criminal prosecutions are cited
to appear. Bell. of "Ff.," as formerly. Sometimes called
" D igest," in the sin gular .
DIEU ET MON DROIT. Fr. God and
my righi. The motto oj' tile royal arms of DIGGING. Has been held as aynony·
England., first assumed by Itichani 1. mOllS with " excavating. It and not confined
to th e removal of earth. 1 N . Y. 316.
DIEU SON AC'I'E. L. Fr. In old law.
God his act j Gou's act. An event beyonu DIGNITARY. In canon taw. A per­
human foresight or control. Termes de la son holding an ecclesiasLical benefice or dig­
Ley. nity, which g:w e him SO lll a pre-eminence
above mere priests etnd canons. To this class
DIFFAC ERE. To dest,·oy ; to disfigure
axel usi vely belonged :tIl bishops, deana. arch­
or deface.
deacons, elc. ; but it now incl udes all the
Difficile est ut unus homo vicem prebentlaries and canons of the church,
E
dUOl'um sustineat. 4 Coke, 118. It is tlifti­ Brande.
Clllt that one man should sustain the place of
DIGNITY. In English law. An honor;
two.
a title, station, 01' distinction of honor. Dig­
DIFFORCIARE. In old English law. nith�s are a species of in corporeal heredita­ F
To deny, or i{eep from one. D�-U"o/'cia1'e ,'ec­ ments. in which a person may have a prop­
tum, to deny justice to any one, after baving erty or estate. 2 B I . Comm. 37j 1 Bl.
been required to de; it. OOIUIU. 396; 1 Cra bb . Real PI'Op. 468, et seq.

DIGAMA, or DIGAMY. Second mar- DIJUDICATION. Judicial decision or G

riage; marriage to a second wife after tbe determination.
death of the fi I'st, as " bigamy." i n la.w, is
DILACION. In Spanish law. A space
baving two wives at once. Originally, a
of time granted to a pady to a sllit in which
man who married a widow, or married ,�gain
after the death of hi� wife, was said to be
to answer a demand or produce evidence of H
a disputed fact,
guilty of biga my. Co. LiLt. 40b, note.
DILAPIDATION. A species of ecclesi­
DIGEST. A collection or compilation,
astical waste whiciJ occur8 whenever the in­
embodying the chief matter of m)llll'rous
books in one, disposed undor proper heads or
cumbent suffers any edifices o f his ecclesias­ t
tical living to go to ruin or decay. It is
titles, and usually by an alphabeti cal arra.nge­
either vOluutary, by pulling down. or per­
ment, for facility i n reference.
missive, by suffering the church, parsonage­
As (l, legal term, "digest" is to be distinguished
houses. and other tJUildi ngs thereuuto be­
from U abridgment. " The latter is a.
epitome of the conte�ts of a single work, in whioh,
summary or
longing, to lh>cay. Aud the remedy for J
as a rule, the original order or sequenco of parts is either lies !lither in the spiritual court, where
preserved, anu in which the principal labor of the
lhe canoll law prevails, or in the courts of
compilor is in tho matter of consolidation, A di­
comffiOU law. It i s also held to b e good
gest is wider in its scope ; is made up of quota­
tions or paraphrased passages ; and ha.s its own
system of classification aLid arrangement, An "in­
cause of depri\'ation if the bishop, parson, or
other eccl�siastical person dilapi dates build­
K
dex" merely poiuts out the places where particu­ ings or Cllts down timber growing Oil the
lar mattet's may be found, without purporting to
patrimony of the church, unless for neCCRsa-
give such matters i71. exten8(), A "treatise" or
"commentary" is not a compilation, but an orig­ ry repairs; and that a writ of prohibition
inaL compOSition, though it may include quotations w i l l also lie against him in the common-law l
and excerpts, courts. 3 131. OOlUm. 91.
A reference to the "Digest," or " D i g , , " is The term is also used, in the law of land­
al ways understood to deSignate the Digest lord and tenant, to signify the neglect of
(or Pandects) of the J ustirL!an collection; necessary repairs to a building, or suffering
that being the digest pa'r e'l1l.inenoe, and the i t to fall into a state of decay, or the pulling
M
authoritative <:ompilation of the Homan law. down of the building or any part of it.
 DILATIONES, ETC. DIMISSORY LETTERS

Dilationes in lege sunt odiosre. Delays negligence is the want of great dillgenoe j lind
gross or more than ordinary negligence is the want
in law are odiotls. Branch. Prine.
of slight diligence, 5 Kan. 180.
DILATORY DEFENSE. In chancery In Scotch law and practice. I'rocess ot
practice. One the object of which is to law, by which persons, lands. or eJfects ar8
dismiss, suspen d. or obstruct the suit. with­ seized in exec ution or in secu rity for debt.
out touching the merits, u n til �he impeui­ Ersk . Inst. 2, 11, I." B ra nde. Process for
nJellt or obstacle insisted on shall be removed. enforcing the attendance of witnesses, or the
3 m. Comm. 301. 302. prod uction of writings. Ersk. Inst. 4, 1, 71.

DILATORY PLEAS. A class of de· DILIGIATUS. (Fr. De lege ejectU8, Lat.)

fenses at common law, founded on Borne mat­ Outlawed.
ter of fact Dot connected with t h e merits of
DILLIGROUT. In old English law.
the caSB, but slich as might exist without
Pottage formerly made for the king's taule on
impeaching the right of action itself. They
tlle cOl'onation day. T here was a Lenu re i n
were either pleas to the jU1'isdir.:tion, show­
serjeant.ry, by which lanus w�re held of the
ing that, by reason of sOlUe matter therein
king by the serv ice 8f finding this pOliage at
stated, the case was not wi th in the jurisdic­
that solemnity.
tion of the court; or pleas in sU.'ipftnSion,
showing some matter of te-mporary inc apac­ DIME. A silver coin of the Uniled
ity to proceoJ. with the B u i t ; or ple as in S tates, of the value of ten cents, or one-Lenth
abatement, showing some matter fol' abate­ of the dollar.
ment or quashi ng the declaration. S 8teph.
DIMIDIA. DIMIDIUM, DIMIDIUS.
Uomm . 57 6.
Half; a half; tbe half.
DILIGENCE. Prudence; vi gilant ac­
DIMIDIETAS. The moiety or half of a
tivity; attentiveness; or care , of whicb tbere
thing.
are infinite shad�s, fro m the sliglit�st mo­
mentary thought to the most vigilant DIMINUTIO. In the civil law. Dimi­
anxiety; but the law recogn izes ouly three nution; a taking away; loss or deprivation.
degrees of dil ige n ce : (1) Common or ordi­ Dimi'nutio capitis, loss of status or condition .
nary, which ruen, in general. exert in respect See CAPITIS DlMINUTIO.
of their o w n conCl'rns; the slandard is neces­
DIMINUTION. Incompleteness. A
sarily variable wi th respect to tlie facts, al­ word signifying that the record sent up from
thongh it may ue uniform with respect to the an inferior to a superior court for review is
prjn clple . (2) High or great, which is ex­ incom plete, or not f ully certified. In such
traordinary diligence, or that which very pru. case tbe party may suggest a " di min uti on at
dent persons take of thei r o w n concerns . (3) the record . " which may be rectified by a ceT­
Low or slight, which is that which persons
tio,·a,.i. 2 Tidd. Pro 1109.
of less than common pr udence, or iudeed of
no prudence at. all, take of their own COD­ DIMISI. In old conveyancing. I have

cerns. demised. Dimisi, concessi, et adjlrmam tra­

The ci vil la.w is in perrect conformity with
(lidl, have demised, granted, <md to farlU let.
Tile usual words of operatio n in a lease . 2
the common law . I t lays down three degrees
J3l. Comm. 317, 318.
of. diligence,-ordinary, (dlligentia;) ex­
traordi nary,(exacti�sima. diLigentirz ;) slight, DIMISIT. In old conveyancing. [He]
(leoissima dilige1!tia.) Sto ry, Jlailm. 19. bas demised. See DIMISI.
There ma.y be a bigh degree of diligence, 11 com·
moo degree of diligence, and a slight. degl'ee of DIMISSORIlE: LITTERlE. In the ci vi!
diligence, with their corresponding degl'ees of neg· law. Letters d UD issory or dismissory, com·
ligence, and these can be clearly eoough defined for monly called 41 apostles," (qua: 'Outgo apostoli
all practical purposes, and, wit.h a view to the bus-­
dicuntur.) Dig. 050, 16, 106. 8ee Al'OSTOLI,
iness of life, scem to be all that are really neees·
,APOSTLES.
sary. Common or ordinary diligence is that de­
gree of diligence which moo in general exercise
DIMISSORY LETTERS. Where a
in respect to their own concerns; high or grcatdil.
igence is of course oxtraordinary diligence, or can didate ror holy orders has a title of ordi..
that which very prudent persons take of their nation inone diocese in Engla.nd, and is to be
own concerns ; and low or slight diligeoce is that ordained in another, the bishop of the former
which persous of less than commOD prudence, or
diocese gives letters dimissory to the bi Shop
indeed of ao,v prudence at ali, take of tbeir own
concerns, Onlioary negligence is the want of
of tho latter to enable him to ordain the call..
ordiniuy diligence ; slight, or less than ordinary. didate. Holthouse.
 DINAHCHY 369 DIRECT EXAMIN ATION

DINARCRY. .A. government of two DIPSOMANIA. In medical jur!apru.

persons. denc e. An irresistible impulse to indulge in
intoxication, either by the use ot.alcohol or of
DINERO. In Sp an ish law. Money.
drugs such as opium. This mania or disease
Dinero contado, money counted. White, New
is classed as one of the minor forms of in­
Recop. b, 2, tit. 13, c. 1, � l.
sanity. 19 Neb. 614, 28 N. W. Hep. 273;
In Roman law. .A civil division of the
'1 Bish, Crim. Law, § 304.
Homan empire, embracing several provinces.
Ca1\'io. DIPSOMANIAC. .A. person subject to
DIOCESA�. Belonging to a diocese; a dipsomania. One who has an irresistible de­
bishopJ as he stands related to his own clergy sire for alcoholic liquors.
or flock. DIPTYCHA. Diptychs; tablets o[ wood,
DIOCESAN COURTS. In English law, metal, or other substance, used among the
The consistorial courts of each diocese. exer­ Romans for the purpo3e of writing, and
cising genera.l j u risdiction of all matters aris­ folded like a book of two leaves. The dip­
ing locally within their respective limits, with tyclls of antiq��ity were especially employed
the exception of places subject to peculiar fur public registers. They were used i n the
jurisdiction; deciding all matters of spiritual Greek, anc1 afterwnrds i n the Roman, church,
discipline,-suspendmg or depriving clergy­ as registers of the names of' those for whom
men,-and administering the other uranches supplication was to be made, and are ranked E
of the ecclesiastical law. 2 Steph. Comm. among the earliest monastic records. Burrill.
672.
DIRECT. Immediate; by the shortest
DIOCESE. The territorial extent of a course; without circuity; operating by an F
bishop's ju risdiction. The circuit of every immediate connection or J'elation, instead of'
bishop's j urisd icti on. Co. Litt. 94; 1 Bl. operating tlIrough a medi um; the opposite
Corom . 111. of iudi1·ect.

DIOICHIA. The distdct over which a In tile usual or natural course o r line; im­
bishop exercised his spiritual fu nctions. mediately upwards or down wards ; as dis- G
tinguisbed from that which is out of the line,
DIPLOMA. In the civil law. A. royal or on the side of it; the opposite of collatera.l.
charter; letters patent granted by a prince or In the usual or regnlar COUl'SO or order. as
sovereign. Calvin. distinguisbed from that which diverts, inter-
An instrument given by colleges and soci­ rupts. or opposes; the opposite of cross or H
eties on the conferring of any degrees. contrary.
A license granted to a physician, etc., to
practice his art or profession. See 25 Wend. DIRECT EVIDENCE. Evidence di­
469. rectly proving any matter, as opposed to cir­
cumstanLial evidence, which is o rlen called
DIPLOMACY. The science which treats " indirect." It is usually conclusive, but,
of the relations and interests of nations with like other evidence. it is fallible. and that on
naHons. various accounts. It is not to be confounded
)fegotiation or intercourse between nations with primary evidence, as opposed to sec· J
through their representatives. The rules, o nd ary , although in point of fact it usually
customs, and privileges of representatives at is primary. Brown.
foreign courts.
DIRECT EXAMINATION. In pmc-
DIPLOMATIC AGENT. In I nterna- t·Ice. TI16 urs ' t ·1IlterrogatIon
t·IonaI Iaw. A generaI namB for all cI asses
. . .
, . .
· or examIn:l
j of a WItness. on the ments, by the party on
. t·IOn
K
of t>�rsons charged with the negotiatIon"
. . 1 W h ose b eI1a If h e IS
. ' cuIIed . '1'1liS
' IS
. 10 be d'IS-
transactIOn, or supenntendence of the dlplo- · . . .
tlllgms hed from an exaIDllla. t'Ion �n pms, Or
rna l·le b USlness
' 0 f one na t'Ion at the court 0f
ano ther. See Rav. St U. S. § 1674:
•
. . . . . .
on tbe vo�1'd't7'e, wlllch ls mereJy prellml J1ary,
.
l
and IS ' h ad WIlen tIe I campetelley 0f th e WIt-
DIPLOMATICS. The science of di- ness is challenged ; from the cross-examina­
plomas, or 01. ancient writings and doc'u­ tion, which is conducted by the adverae
ments ; the art of j udging of ancient char­ party; and from the redirect examination.
ters, public documenls, rJiplomas, etc., and which follows the cross·exami[lation, and is
discrim inating the true from the false. had by the party who Hrst examined tbe M
WebsLer. witness.
AM.DIC'1'.LAW-24
 DIRECT INTEREST 370
DIRECT INTEREST. A direct inter­
ast, such as would render the i n terested par­
ty incompetent to testify in regard to the
nl atter, is an interest which is certain. and . company.
not contingent or doubtful. A matter which
is dependent alone on the successful prosecu­
tion of an execution .cannot be considered as
ll ncertain, or otherwise than direct, in this
sense. 1 Ala. 65.
DIRECT INTERROGATORIES. On
tbe taking of a deposition, wbere written in­
terrogatories are framed. those put by the
party calling tb� witness are named " direct
interrogatories." (correspond i n g to the ques­
tions asked on a direct examination . ) w h ile
those put by the adverse party afe called
.
" cross-i n tcrrogatories . .
DIRECT LINE. Property is said to de­
scend or be inherited i n the direct line when
i t passes in lineal sllccession; from ancestor
to son, grandson, great-grandson, and so on.
DIRECT TAX. A. direct tax is one
which is demanded from the very persons who,
it is intended or desired. SllOUld pay it. In­
direct taxe9 are those which are demanded
from one prrson,.in the expectation and in·
tention that he shall indemnify llirnself at the
"'xpense of another. Mill. Pol. Econ.
Taxes ure divided into "direct, " under which
designation would he includetl those which are as­
sessed upon the pI·operty. person, bUSiness. in­
come, etc., at those who are to pay them, and " in­
direct, " or those which are levied on commodities
before they reach the consumer, and arc paid by
those upon whom they ultimately fall, not as taxes,
but as part ot the market price ot the commodity.
Cooley, 'l'ax'n, 6.
Histol'ieal evidence shows that personal proper­
ty, coot1'acts, occupations, and the like, have Dever
been regarded as the subjects of direct tax. '1'he
phrase is nodel·st.ood to be limited to taxes on land
aud its appurtenances, and on polls. 8 Wall, 583.
DIRECTION. 1 . The act of governing;
manllgement; superintendence. Also tile
lJody of persons (called "directors " ) who are
charged with the management amI adminis­
tration of a corporation or institution.
2, The charge or instruction gi ven by the
court Lo a j u r)' upon a point of law arising
or involved in the case, to be by them ap­
plied to the facts i n evidence.
S. The clause of (\ bill in equity containing
the address of the bill to the court.
DIRECTOR OF THE MINT. An of­
fleer having the control. management, and
superinlendence of the Uniteu tilates mint
aud its branches. He is appointed by the
preSident, by and with the advice and COll­
lent of Lbe senate.
DISABILITY
DIRECTORS. Persons appointed or
elected according to law, authorized to man­
age and direct the affairs of a corporation or
The whole of the directors col.
lectively form the board of directors. Whar.
ton.
DIRECTORY. A proviSion in a statute,
rule of proced ura, or the like, is said to be
directory when it is to be considered as a
mere direction or instruction of no Obliga­
tory force. and involving n o in validating
conseq lIence for its tlisr�gard. as opposed to
an imperative or mandatory provision. which
must be followed. The general rule is that
the prescriptions of a statute relating to the
performance of a public duty are so far direct­
ory that. though neglect of them may be
punishable, yet it does not affect the validity
of the acts done under them, as i n the case of
a statute reqUiring an officer to prepare and
deliver a document to another officer on or
before a certain day. Max w, Interp. St.
330, et seq.
DIRECTORY TRUST. Where, by the
terms of a trust. the fund is dirl"cted. to be
vested i n a particular manner till the period
arrives at Which it is to be appropriatet.l.,
this is called a " directory trust. .. It is dis·
tinguished from a discretionary trust, in
which the trustee has a discretion as to the
manageillent of the fund. 10 Yerg. 272.
DIRIBITORES. In Roman law. Of­
ficers who distributed ballots to the people,_
to be used i n voting. '1'ay1. Civil Law, 192.
DIRIMENT IMPEDIMENTS. In can­
on law. Absolute lJars to marriage. which..
would make it null ab initio.
DISABILITY. The want of legal abil·
ity o r capacity to exercise legal righLs, either
special or ordinary. or to do certai n acts with
proper legal effect, or to enjoy certain privi.
leges or powers of free action.
At the present day, disa.bility is generally used
to indicate an incapacity for the full enjoyment of
ordinury legal rights; thus married women, per­
sons under age, insane persons, and felons conviot
are said to be under disability. Sometimes the
term is used in a more limited sense, as when it
signifies au impediment to marriage, or the re­
stl'uints p,lo.ced upon clergymen by reason ot their
spiritual avocations. Mozley & Whitley.
Disability is either general or special,. the
former when it incapacitates the person for
the performance of all legal acts of a general
class. or giving to them their ordinary legal
effecti the latter when it debars him from Olle
specific act.
 DISABILITY 371 DISCHARGE

Disability is also either personal or abso­ such an ag reem en t until the contrary 11
l'utej the for mer where it. attaches to the par· shown, b u t h is d is agreem ent renders the
ti c u lar person, an d arises out of his status. grant, etc., inopel'ative. ·Wharton.
his previo us act, or his natural or j u ridi cal
DISALT. To disable a person.
in cap aci ty ; the latter where it origi nates with
a particular person, but extends also to his DISAPPROPRIATION. Th is Is w here
descendants or successors. the approp riat i on of a ben efi ce is severed,
Considered with special reference to t he ca­ either by the pat ro n p rese nting a clerk or by
pacity to contract a marriage, di sa bi lity is ei­ the co rpo rati on which bas the appropriaLion
ther canonical or ct·oil,. a disability of the bein g dissolved, 1 Dl. Camm, 385,
fonner class makes the marriage voidable
only. while the latter, ill general. avoids it DISAVOW. To repudiate the unauthor­
en tirely. ized acts of an agent; to deny the authority
by which be assumed to act.
DISABLE. In its ordin ary sense, to dis­
able is to cause a disability . (q. v.) DISBAR. In England , to deprive a bar­
In the old language of pleading. to dis a­ rister per ma ne ntly of t he prj vileges of his
ble is to take advan tage of one IS ow n or an­ position ; it is analogous to striking an at tor­
other' s disability.
Thus, it i s "an ex p ress ney off the rolls. In America, the word de­
maxim of the common law that the p arty scribes the act of a court in wi thdrawing I:
shall not disal>le himself ;" but "thiS disabil­ from an attorney tbe ri ght to practise at its .:
ity to di sable himself * • • is person­ bar .
al." 4 Coke , 123b.
DISBOCATIO. In old English law. A

DISABLING STATUTES. These are con versio n of wood grou nds into arable or
acts of p arliament, res train i ng and regulat­ pasture ; an assarti n g. Cowell. See ASSART. F
ing the ex ercise or a r ight or the power of DISBURSEMENTS. Money expended
al ienation ; the term is specially applied to by an executor, g uard ian , trustee, etc. , for
1 E liz. c. 19, and si milar acts res training the the benefit of the estate i n his bands, o r in
power of ecclesiastical corporations to make
leases.
connecMoll with its administration. G
'rhe term is also used under the codes of
DISADVOCARE. To deny a thing. civil p rocedu re, to des ig n ate the expen d it ures
n ecessar ily made by a party i n the progress
DISAFFIRM. To repudiate ; to revoke of an action, aside from the fees of officers
a consent once given ; to recall an affirmance. and cour t costs, which are allo wed, eo nom­ H
To refuse oue's subsequent sanction to a for­ ine, together with costs .
mer act; to disclaim the intention of being
bound by an an teceden t transaction. DISCARCARE. In old E ngl ish la w .
To discharge, to unload; as a vessel. Om'-
DISAFFIRMANCE. The repudiation of ca1'e et discarcarej to charge and di scba rge ; I
a former transaction. The refusal by one
to load and unload. Co well.
who has the, right to refuse. (as i n the case
of a voidable contract. ) to abid e by his for­ DISCARGARE. In old European law.
mer acts, 01' accept the legal consequences of To discharge or unload, as a wagon. SpeJ-
the same, It may eit her be "express" (in man. J
words ) or {I implied" f�'oru acts exp ressing
DISCEPTIO CAUSlE. In Roman l aw.
the inten ti on of tile parly to disregar d the
The argum ent of a cause by the cou nsel on
ollIigati ons of the cont ract.
both sides. Calvin.
DISAFFOREST. T o restore to their foro DISCHARGE. The opposite of charge,' K
mel' no ndition Jands which have been turned hence to release; liberate; annul; unburden;
into fores ts. To remove from the operation dis i ncu mber.
of the forest laws. 2 Dl. Comm, 4 16.
In the law of contraots. To cancel or
DISAGREEMEN T. The refusal by a unloose the obligation of a contract; to m ake l
gran tee, lessee, etc" to accept an estate. lease. an agreement 01' con tr act n ull and i n opera­
etc., made to h i m ; the ann ul l ing of a tbing tive. As a noun, the word lUeans the act or
that had essence before. No estate can be instrument by which the bind ing force of
vested in a person agai nst his will. Conse­ a cont ract is term i nated. i rr es pecti v e of
quently no one can become a gra nte e, etc., w lleth e r the contrad is carried out to tb(l'
M
wi tho ut bis agreement. The law i mpl ies full extent contemplated {in which case the
 DISCHARGE 3i2 DISCONTINUANCE

discharge is the res u lt of pel:formance) or is In maritime law. The unlading or un­

broken off before complete execution. livery of a cargo from a vessel. Story, J., 2
Disebal"�e is a generic term ; it.q prinnipaJ "pecles Sum. 589. 600.
are rcacis8ion, release, a.ccord and satisfaction, per·
tormauce, judgment, composition, bankruptcy, DISCLAIMER. The repudiation or rOo
merger, (q. 'V.) Leake, Cont. 413. nunCiation of a right or claim vested i n a per..
As applied to Qemands, claims. rights of son or which h e had formerly alleged to be
action, incumbrances. etc., to discharge the bis. The refusal, waiver, or denial of an es­
debt. or claim is to exting ui sh it. to annul its tate or right offered to a person. '.rhe disa.­
obligatory force, to satisfy it. And here vowal, denial, or renullciation of an iuterest.
also the ttlrm is generic; thus a debt, a mort­ ri ght, or property imputed to a person or al­
gage, a legacy. Ill ay be discharged by payment leged to be his. Also the declaration , or the
or performance, or by any act short of that. instrument. by w h icb such disclaimer js pulr
lawful in itself, which the creditor accepts as lished.
sufficient. Tod ischt�rge a persoll ls to liberate Of estates. The act by which a party re­
him from the bin di ng force of an obligation, fuses to accept an estate which II&! been con­
d ebt, or claim . veyed to him. Thus. a trustee is said to dis­
Discharge by operation of la.w is where the dig... claim who releases to his fellow-trustees his
charge takes place, whetber it WllS intended by the
estate, and rel ie v es himself of the t ru st . 1
parties or not; thus, it a creditor appOints his
IIii. Heal Prop. 3M; 13 Conn. 83.
debtor his executor, the debt is discharged by
operation of law, because the executor cannot have A ren u nc iati on or a denial by a tenant at
an a.ction against himself. Co. Litt. 2Mb, note 1 ; his landlord's title, either by refusing to pay
Williams, Ex'rs, 1216; Cbit. Cant. 714. rent, denying any obligation to pay, or by
In civil pr actice. To discharge a rule. setting up a title in himself or a third person,
an order, an injuDction, a certHicate. process and this is a distinct gro und of forfeiture of
of execution, or i n general any proceeding in the lease or other tenancy, whether of land
a court, is to cancpl or annul it, or to revoke or tithe. See 16 Cb. Div. 780.
it, or to refuse to confirm its orig i na l provia· In pleading. A renunciation by the de­
ional force. fendant of all claim to the subject of t he de.­
To discharge u jury i s to reliovo them from mand made by the plainti1f's bill. C oop . Eq.
any further consideration of a cause. This Pi. 309: Mitf. Eq. Pl. S18.
is d one when the continuance of the trial is, In patent law. 'Vhen the title and spec..
by any calise, rendered impossibl e ; also when ifications of a patent do not agree, or when
the jury, after deliberation, cannot agree on part of that which it covers is not strictly
a verdict. patentable, because neither new nor useful,
In equity practice. In the process of the patentee is empowered, with leave of t.be
acco unting bE'fore a master in chancery, the court, to enter a disclaimer of any part at
discharge is a statement of exponses and e ither the tit.le or the specification, and the
counter-clnims brought i n aud filed, by way disclaimer is then deemed t o be part of the
of set·ofl'. by tile accounting defendant; letters pat.ent or speci fica.tion. 80 as to render
which follows the chat'Ue in order. them valid for the fut ure. Johns. Pat. 151.

In criminal practice . The act by which

DISCLAMATION. In Scotch law. Dis­
a person in confinement. held on a n accusation
avowal of tenure; denial that on e holds lautls
of some crime or misdemeanor, is set at liber­
of another. Boll.
ty. The writing containing the order for
bis being so set at liberty is also called a lldis_ DISCOMMON. To d epri ve commona­
Charge. " ble lands of their commonable quality, by in
In bankruptcy practice. The discharge closing and a.ppropriating or improving them.
of th e bankrupt is the step which regularly
DISCONTINUANCE. In practice.
follows the adjudication of ba n k ruptcy ami
'fhe termination o f an action. in can seq lIence
the admin istration of his estate. By it he is
of the plaintiff's omitting to continu e the pro-­
released from the obligation of all his debts
cess or proceed i ngii by proper en tries on the
which were or might he proved in the pro­
record. 8 Bl. Coillm. 296: 1 Tidd. Pl'. 678;
ceedings , so that they are no longer a Charge
2 Arcb. Pro K. B. 233.
upon him. and so thi\t be may t hereafter en­
In practice, a discontinuance is a chasm or gap
gage in business and acquire property with­
left by neglecting to enter a continuance. By our
out its being liable for the satisfaction of practice, a. neglect to enter a continuance, evon iu
such former debts. a defaulted action, by no means puts an end to it:
 DISCONTINUANCE 373 DISCOVERY

and such actions may always be brought forward. DISCOUNT. In a general sense. An
56 N. H. 416.
allowance or deduction made from a gross
The cessation of the proceedings i n an sum on any account whaLever. In a mort'!
action WhArp. thp. plaintiff voluntarily puts an limited and technical sense. The taking of
end to it. either by giving notice in writing interest in fld vance.
to the defendant before any step has be�1l By the language of the commercial world
taken in the action suusequent to the aDSweI'. and the settled practice of banks, a discount
or at any other time by order of the court or by a uank meallS a drawback or deduction
a j udge. made upon its advances or loans of money.
In practice, discontinuance and dismisSlal import upon negotiable paper or other evidences of
the same thing, viz" that the cause is sent out of debt payaule ata future day. which are trans­
CO\lrt. 48 Mo. 2&:J.
ferrell to the bank. 8 Wheat. 338; 15 0bio
In pleading. That technical interrup­ St. 87.
tion of the proceedings in an action which Although the discounting of notes 01' bills, in its
follows where a defendant does not answer most comprehensive sense, may mean londi.ng
the whole of the plai ntiff s declarati9Il, aod
'
money and taking notes in payment, yet, in its
more ordinary sense, the discounting of notes or
the plaintiff omits to take j Udgment for the
bills means advancing a consideration for a. bill or
part unanswered. Steph. PI. 216. 217. note, deducting or discounting the interest which
wiH accrue for the time the note has to run. 13
DISCONTINUANCE OF AN Conn. 248.
D,iscounting by a. bank means lending money up_
E
ESTATE. Tho ter m i n ation or suspension
on e. note, and deducting the interest 01' premium
of an estate-tail, i n consequence of the act
in advance. 17 N. Y. 507, 515; 48 Mo. 189.
of the tenant i n tail, i n couveying a larger The ordinary meaning of the term "to discount "
estate in the land than 11e was by law en­ is to take interest in advance, and in banking is a
titled to do. 2 ill. Comlll . 275; 3 ill. Comm. mode of loaning money. It is the advance ot
money not due till some future period, less the in­
F
171. An alienation made or su ffered by
terest whioh would be due thereon when payable.
tenant in tail, or by any that is seised i n auter 42 Md. 592.
droit, whereby the issue ill tail, or the beir Discount, as we have seen, is the difference be­
or sllccessor. or lhose in reversion or re­ tween the price and the amount of the debt, the

mainder, arl3 driven to their action, aud can­ evidence of which is transferred. That difference G
represents interest oharged, being at the same
not enter. Co. Litt. 325a. The cesser of a
rate, according to which the price paid, if invested
seisin under an estate, and the acq uisition of nntil the maturity ·of the debt, will just produce
a seisin under a new and necessarily a wrong­ its amount. 104 U. S. 276.
ful title. Prest. Merg. c. ii. Discounting a note and buying it are not identic·
a1 in meaning, the latter expression being used to H
denote the transaction when the seller does not in·
Discontinuare nihil aliud signIflcat
dorse the note, and is Dot accountable for it. 2S
quam intermittere, desuescere, inter­ Minn. 206.
rumpel·e. Co. Litt. 335. To discontinue
In prac tice . A set·off or defalcation in
signifies nothing else than to intermit, to
an action. Yin. Abr. "Discount." Butaee I
disuse, to interrupt.
1 Mete. (Ky.) 597.

D I S C O N T I N U O U S EASEMENT.
DISCOUNT BROKER. .A. bill broker;
Oue the enjoyment of which can be had only
ODe who discotlnts bills of eXChange and
by the interference of man, as right� of way,
promissory notes, and ad vauces money on J
or a right to draw water; as distinguished
securities.
from a continuous easement, which is one
the enjoyment of which is or may be con­ DISCOVERT. Not married; llot subject
tinual. without the necessity of any actual to the disabilities of coverture. It applies
interference by man, as a water-spout. or a equally to a maid and a wido\\".
K
right of light or air. 'Vashb. Easem. 13;
Gale, Easem. 16; 21 N. Y. 505; 60Mieb. 252. DISCOVERY. Invention ; finding out.
27 N. ,V. Rep. 509. This distinction is de� Tbe finding of an island or country not pre­
viously known to geographers.
rived from the French
art. 688.
law. See Code Civil,
In patent law. The finding out Borne
L
Bubstance, mechanical device. im provement,
DISCONTINUOUS SERVITUDE. See
or application, not previously known.
DISCONTINUOUS EASEMENT.
Discovery, as used in the patent laws, depend.

DISCONVENABLE. L. Fr. Improper;

upon invention. Every invention ma.y, in a cer­
tain sense, embrace more 01' less of discovery, for
M
.nfit. Kelbam, it must always include something that is new; but
 DISCOVERY
It by DO meane follows that every discovery Is an
Invention. 1) Blatchf. 121.
Also used ot the djsclosure by a bankrupt
ot his property for tile benefit of creditors.
In practice . The disclosure by the de­
fendant of facts. titles, do�uments. or other
things which are in his �xclusive k nowledge
or possession, and whicli are necessary to the
party seeking the discovery as a part of a which may prompt to any and every act; but this
cau se- or action pending or to be brought in
another co urt, or as evidence of bis rights or
title i n snch proceed ing.
DISCOVERY. BILL OF. In equity
pleading. A bill for the discovery of facts
resting in the knowledge of the defendant, or
of deeds or writings, or other things in his
custody or power; but seeking no relief i n
consequence of the discovery, though i t may
pray for a sLay of proceedings at law till the
di8covery is made. Story. Eq. PI. §§ 311.
812. and notes; Mitt. Eq. Pl. 58.
DISCREDIT. To destroy or impair the
credibility of a person ; to impeach; to lessen
the degree of credit to be accorded to a wit�
Dess or document, as by impugning the va-­
racity of the one or the gen uineness of the
other ; to disparage or weaken the reliance
upon the testim ony of a witness, or upon
documentary evidence, by any means what­
ever.
DISCREPANCY. A difference between
two things which ought to be identical, as be­
tween one writing and another; a variance,
(g • •• )
Discretio est discernere per legem
quid sit justum. 10 Coke . 140. Discretion
is to know through law what is just.
DISCRETION. A liberty or privilege
&llowed to a j u dge, within the confines of
right and justice, but independent of nanow
and unbending rules of positive law, to de­
cide and act in accordance with what is fair,
eqUitable, and wholesome, as determined up­
on the peculiar circumstances of the case, and
88 discerned by his personal wisdom and ex­
perie nce, guided by the spirit. prinCiples, and
analogies of the law.
When applied to public functionaries, discretion
means a power or right conferred upon them by
law of acting omcially in certain circumstsnces,
according to the dicta.tes of their own judgment
and conscience, unoontrolled by the judgment or
conscience of others. This discretion undoubtedly
1a Weome exteut regulated by usage, or, if the wm
JJ preferred, by fixed principles. But by this is to
be understood nothing more tihan tha.t the same
court cannot, consistently with its ()wn diguity,
and with its character aud duty of admin istel·ing
874 DI�FRANCHISE
impartial justic e, decide in difl'eren t ways two
cases in eve ry respect exactly alike. The question
of fact whether the two cases are alike In every'
color. Circumstance, and foature is of neeesllity to
be submitted to the judgment of some tribunal.
18 Wend. 79, 99.
Lord Coke defines judicial discretion to be "dis­
ecrnere per legern qu1d sU justUTn, n to see what
would be just according to the laws in the premo
ises. It does not mean a wild self-willfulness,
judicial discretion is guided by the law, (see what
the law declares upon a certain statement of facts,
and then decide in accord ance with the law,) so as
to do substantial equity and justice. 13 Mo. 548.
True, it is a matter of discretion j but then tha
discretion is not willful or arbitrary, but legal.
And, although its exercise be not purely a matter
of law, yet it "involves a matter of law or legal iu­
ference, " in the language of the Cod e, and an ap­
peal will lie. 70 N. C. 171.
In criminal law and the law of torts, it
means the capacity to distinguish between
what i::l right and wrong, lawful or unlawful,
wise or foolish, sufficiently to render one
amenable and. responsible for his acts.
DISCRETIONARY TRUSTS. Suchas
are not marked out on fixed lines, but allow
a certain amount of discretion in their exer­
cise. Those which cannot be duly admin�
istered without the application of a certain
degree of prudence and judgment.
DISCUSSION. In the civil law A
proceeding. at the instance of a surety, by
which the creditor is obliged to exhaust the
property of the pri ncipal debtor, towards the
satisfaction of the debt, before having re­
course to the surety ; and this right. of the
surety is termed the " be nefit of discussion."
Civil Code La. art. 3045, et seq.
In Scotch law. The ranking of the
proper order in Which heirs are liable to sat­
isfy tbe debts of the deceased. BeH.
DISEASE. In constrUing a policy of life
insurance. it is generally true that;, before
any temporary ailment Cc'1.n be called a "dis­
ease. " it must be such as to ind icate a vice
in the constitution, or be so serious as to have
80me bearing upon genel"aJ health and the
continuance of life, or such as, accord i n g tc
common understanding. would be called a
" d isease." 70 N. Y. 77.
DISENTAILING DEED. In English
law. An enrolled aSsurance barrin g an en4
tail. pursuant to 3 & 4 Wm. IV. c. 74.
DISFRANCHISE. To deprive ot the
rights and privileges of a free citizen ; to de­
prive of chartered rights and immu nities; to
depri ve of any franchise, as of the right of.
voting in elections, etc. Webster.
 DISFRANCHISEMENT 375 DISl'ARAGATIO

DISFRANCHISEMENT. The act ot DISINTERESTED WITNESS. One

dl�franch isiDg. The act of deprivin g a mem­ wbo has no interest in the cause or matter in
ber of a corporation of his right as such. by issue. and who is lawfully competent to tes­
expulsion. 1 BOllv. lost. DO. 192. tify.
It di ffers from amotion, (g. 'D.) whIch is
DISJUNCTIM. Lat. In the civil law.
applicable to the removal of an o fficer frorp.
Separately; sev erally. The opposite of con·
office, Jeaving him his rights as a member.
junctim. (g. '0.) lust. 2. 20, 8.
Willcock. Mun. Corp. no. 708; Allg. & A.
Corp. 237. DISJUNCTIVE ALLEGATION. A
statement in a pleading or indictment which
DIS GAVEL. In English law. To de­
expresses or charges a thing alternatively.
prive la n ds of th at pri ncipal quality of gavel­
with the conjunct.ion "or;" for instance, an
kind tenure by which they descend equally
averment tllat defendant " m u rdered. or
among all the sons of the tenant. 2 Wood .
caused to be murdered . " etc. , would be ot
Leet. 76; 2 Bl. Comm. 85.
this character.
DISGRACE. Ignominy ; shame; dishon­
or. No witness is reqnired to disgrace him­
DISJUNCTIVE TERM. One which Is
placed between two contra ries . by the affirm­
,eli. 13 How. S tate Tr. 17. 334.
ing of one of which the oth er is taken away;
DISGRADING. In old English law. it is us u ally expressed by the word j'or.1I
The depriving of an order or dignity. E
DISMES. Tenths ; tithes. (q. v.) The
DISGUISE. A counterfeit habItj a dress original form of "dime, II tbe name of the
Intended to conceal the person who wears it. American coin.
Webster.
Anything worD upon the person with the DISMISS. To send away; to discharge ; F
to cause to be removed. To dismiss an ac­
intention of 80 al teri ng the we arer 's appear­
tion or suit is to send it out of court without
ance tl.Jat be shall not be recognized by those
familiar with him. or that he shall be taken any further t:onslderation or bearing.

tor another person. DISMORTGAGE. To redeem from 6

A person lying in ambush, or concealed behind mortgage.
bushes, is not in "disguise, )I within the meaninll
of a. statute declaring the county liable in damages DISORDER. T urbulent or riotous be­
to the next of kin of any one murdered by persons
havior; immoral or indecent conduct. The
H
in disguise. 46 Ala. 118, 142.
breach of the public decorum and moral ity.
DISHERISON. Disinheritance; depriv_
DISORDERLY HOUSE. In criminal
ing one of an inheritanc e. Obsolete.
law. A house the inmates of which behave
DISHONOR. In mercantile law and so badly as to become a n uisance to the neigh­
usage. To refuse or decline Lo accept a bill
I
borhood. It has a wide meaning. and in-
of excban ge. or to refuse or neglect to pay a eludes bawdy bouses. common gaming
bill or note at maturity. houses. and places of a like character. 1
.A n egot i able instrument is dishonored Bish. Crim. Law, § 1106; 2 Cranch. C. C. 675c.
when it is either not paid or not accepted, ac.

J
cording to its tenor. o n presen tme n t for that DISORDERLY PERSONS. Such as
purpose. or without p resen tm ent, where that are dangero u s or hurtful to the p ublic peace
Is excu sed. Civil Code Cal. § 3141. and welfare by reason of their misconduct or
vicious habits. and are therefore amenabl e to
DISINCARCERATE. To se t at liberty.
p olice regulation. The phrase is chiefly used
to tree from prison.
in statutes. and the scope of the term de- K
DISINHERISON. In the civil law. The pends on local regulations. See 4 HI. Corum.
act of depri v ing a forced heir of the i nherit­ 169.
ance which the law gives him.
DISPARAGARE. In old E ngl ish law.
DISINHERITANCE. The act by which
the owne r of an es tate deprives a person of
To bring together those that are unequal,
(dispa1'Bs conj'el're;) to connec� in an indec­
L
the right to inherit the same. who would orous and u nwortby ma.nner j to connect in
otherwise be his beir. ma rriage those that are un equal in blood and
pm·entage.
DISINTERESTED. Not concerned. in
respect to possible gain or loss, in the result DISPARAGATIO. In old En glish law. M
ill the pendiug proceeding . Disparage ment. Hreredes maritmtuT aC,$q'1.U
 D1SPARAGATION 376 DISPUTABLE PHESUMPTlON

iispanr.gatione. heirs shall be married with­ COUl manded ; the canonistic name tor a
ont oispa,ragement. Magna Charta, (gUan. license. 'Yharton.
III.) c. 6. A reln.xation at Jaw for the benefit or ndvantage
of an Individual. In the United States, no power
DISPARAGATION. L. Fr. Dispar­ exists, except in the legislature, to dispense with
agement; the matching an heir, etc., in mar· law ; and thon it is not 80 much & dispensation sa
riage, under his or her degree or condition, & ohauge of the law, Bouvier,

or against the rules of decency. KeJlmm. DISPERSONARE. To scandalize ardis...

DISPARAGE. To connect u nequ ally; parage. Blount.

to match uDsuitaiJly. DISPLACE. This term . .. used in ship­

ping articles, means "disrate . " and does not
DISPARA GEMENT. In old English
import authorily of the master to discharge a
1M... . An injury by union or comparison
second mato, notwithstanding a usage in the
with sorne person or thing of inferior rank
whaling trade never to disrate an ofilc(1r to a
or exce�lence,
801.Unan. 103 Mass. 68.
Marriage without disparagement was mar­
riage to olle of suitable rank and character. DISPONE. In Scotch law. To grant or
2 HI. Com lll . 70; Co. Litt. 82b. coovey, A technical word essential to the
conveyance at heritable properLy, and for
DISPARAGIUM. In old Scotch law.
which no equivalent is accepted. however
Inequality in blood. bonar, dignity, or other­
clear may be the meaning of the party.
wise. SI, ene de Verb. Sign.
PaLers. Camp,
Dispal'ata non debent jungi. Things
DISPOSE, To alienate or direct tlle own­
unlike ought not to be jOined. JflDk. Cent.
erShip of property, as disposition by will. 42
24, margo
N . Y. 79. Used also of the determination of
DISPARK. To dissolve a park. Cra. suits. 13 Wall. 664. Called a word of large
Car. 59. To convert it. inlo ordinary ground. extent. }'reem. 177.

DISPOSING CAPACITY OR MIND.

DISPATCH or DESPATCH. A mes·
Tbese are alternative or synonymous phrases
sage. letter, or order sent with speed 011 af�
in the law of wills for "sound mincI," and
rail'S of state; a telegraphic mess;Jge.
" testamtmtal'Y capacity, " (q. v,)
DISPAUPER. When a person. by rea�
DISPOSITION. In Scotch law. A deed
son of his poverty, i s admi tted to sue in fo1"�
of alienation by which a right to property is
ma palt1)e1'is, and afterwards. before the
Call "eyed. Bell.
suit be ended. aequires any lands, or person�
al estate, or is go ilty of anything whereby he DISPOSITIVE FACTS. Such as pro­
is Hable to have this privilege taken from duce or bring .\bout the origi nation, transfer,
him. then he loses the right to sue il� forma or extinction of rights.They are either in�
paupe1'is. and is said to be dispaupererl . vestitive. those by means of which a right
W�arto u . eonu's into existence. divestitive. those
through which it terminates, or t1'anslative.
Dispensatio est mali prohibiti provida
those throngn whicn it passes from one per­
.I'elexa-tio, utilitate Beu necessitate pen­
son to another.
aata ; et est de jure domino regi concessa,
propter impossibilitatem prrevidencli de DISPOSSESSION. Ouster; • wrong
omnibus particularibus. A dispensation that carrie:3 with i t the amotion ot posses�
is the provident relaxation of a malum pro� sion. An act whereby the wrong-doer getl
hibitu.m weighed from utility o r necesSity; the actual occupation of the land or heredita.
and it is conceded by law to the king on ac­ ment. It includes abatement, intr usion, dis­
counL of the impossibility of foreknowledge sei!:lin. discontinuance. deforcement. 3 BI.
concerning ull particui ars. 10 Coke, 88. Comm. 167.

Dispensatio est vulnus, quod vulnerat DISPUNISHABLE. In old English law.

jus commune. A dispensation is a WQU Ill1. Not answerable. Co. Litt, 27b. 53. 1 Steph.
which wounds common law. Dav, Ir. K. B. COillm, 245. Not punishable. " This mur­
59. der is di�p llnisbable. " 1 Leon. 270.

DISPENSATION. An exemption from DISPUTABLE PRESUMPTION. A.

Borne lawsi a permission to do something presumption of law. which may be rebutted
forbidden; an allowance to omit something or dispruved. Best, Pres . § 25.
 DlSPUTATIO FORI 377 DISSOLUTION

DISPUTATIO FORI. In the ci v!l law. Disseisinam satis facit, qui uti non
Disr: ussion or arg ument before a court. permittit possessorem. vel minus com­
Maclwld. Rom. Law, § 38; Dig. 1, 2, 2, 5. mode, licet omnino non expellat. Co,
Litt. 331. He makes disseiSin enough who
DISRATIONARE, or DIRATIONA­ does not permit the possessor to f'njoy. or
RE. To j ustify ; to clear one's self of a m akes Ilis enjoyment less beneficial, although
fault; to traverse an indictment; to disprove: . he does not expel him altogether.
Ene. Lond.
DISSEISITRIX. A female disseisor; a
DISSASINA. In old Scotch law. Dis­ diss eisores� , Fleta, lib. 4, c. 12. § 4.
seisin ; dispossession. Skene.
DISSEISOR. One who puts another out

DISSECTION. Tbe anatomkal exami na­ of the possession of his lands wrongfully.

tion of a dead body. DISSEISORESS. A woman who un­

lawfully puts another out of his land.
DISSEISE. To dispossess ; to deprive.
DISSENT. Contrariety of op in i on ; re.­
DISSEISEE. One who is wrongfully put fusal to agree wiLh soml:'thing <l lready stated
out of possession of his lands; one who is dis­ or adjudged or to an act previously per­
seised. formed.

DISSEISIN. Dispossession; a depriva­

The term is most commonly used in Amer- E
ican law to denote the explicit disagreement
tion of p ossession ; a privation of seisin; a
of one or more judges of a court with the de­
usurpation of the right of seisin and posses­
cision passed by the majority upon a cas e
sion . and an exercise of such powers �\l1d
before them. In such event. the non-concur­
privilegt's of ownership as to keep out ordis­
place him to whom these rightfully belong.
ring j udge is r eported as "dissenting , " and F
sometimes files a "dissenting opinion. "
3 Was h b . Heal Pr op . 125.
It is a w r o ngful putting out of him that is DISSENTERS. Protestant seceders from
s eise d of the freehold, not. as in abatement the established church o[ England. They are
or intntsion. a. w ro ngfu l entry. where the of many denominations, principally Presby- G
posse::;sion was vacant. bllt an attack upon terians, Independents, Methodists, and Bap­
him who is ill actual possession. and turning tists; but. as to chu rch government, the
him out. It is an ouster from a freel.lOld in Baptists are Independents.
deed, as abate ment and intrusion are ousters
In law. 3 Step�. Comm. H86.
DISSENTING OPINION. The opin- H
ion in which a judge annou nces his dissent
",Vhen one ma-n invades the possession of another,
from the conclusions held by the majority of
und by force or surprise turns him outof tbe oocu­
pation of his lands, this is termed a "d{sseisin, " the court, and expounds his own views.
being a deprivation of that actual seisin 01' corpo­
DISSIGNARE. In old lalV. To break
ral possession of the freehold which the tenant be­
fOl'e enjoyed. In other words, a disseisin is said open a seal. 'Vhisha w.
to be when one enters intending to usurp the pos­
session, and to oust another from the freehold. To
Dissimilium dissimilis est ratio. Co.
constitute an entry a disseisin, there must be an Litt. 191. Of dissimilars the rule is dissim­
ilar.
J
onster of the freehOld, either by taking the profits
or by claiming the inheritance. BI·own.
According to the modet·o authorities, there Dissimulatione tollitur Injuria. An
seems to be no legal difference between the words injury is extinguished by the forg i v eness or
" seisi n " and "possession , " although Lhere is a dif­
recon cilement of th e party injured. Ersk.
ference between the words "disseisin n and "dis­
Inst. 4, 4, 108.
possession ; " t.he former meaning an estate gained
by wrong a.nd injury, whereas the latter mlly be
DISSOLUTION. In contracts. The
K
by right or by wrongj the former denoting a.n
ouster of the disseisee, or some act equivalent to
dissolution of a contract is the cancellation
it, whereas by the latter no such act is implied. 6 or abrogation of it by the parties tliemselws,
Mete. (Mass.) 439. with the effect or annulling the binding force
Equitable disseisin is w he re 8. person is of the ag reement aNd restoring each party
.
l
wrongfully depri lied of the eq u i table seisin of to his origi n al rights. In this sense it is
land, e. g., of the rents and profits. 2 Meriv. frequently used in the phrase " dissolution of
171; 2 Jac. & W. 166. a pa.rtner3hip . "

M
Disseisin by elect ion is where a person al­ Of corporations. T he dissol ution ot a
h.'gas 01' admits himself to be disseised when corporat io n is the termination of its existence
be bas not really been so. as a body politic. T his may take place in
 DISSOLUTION 378 DISTUESS

several ways; as by act of the legislature, ured; not every building wher6 t.he proce81
where that is constitutional; by surrender or of distillation is used. 45 N. Y. 499.
forfeiture of its charter; by expiration of its
DISTINCTE ET APERTE. In old En.
charter by lapse of time; by proceedings for
glish practice. Disti nctly and openly. Form..
winding it up under the law ; by loss of all
al words in writs of error, referring to the
its members or their reduction below the
. return required to be mnde to them. Reg.
statutory limit.
Orig. 17.
In practice. The act of rendering a lrga!
proceeding null. abrogating or revoking it; Distinguenda Bunt tempora. The time
unloosing its constraining force; as wban nn Is to be considered. 1 Coke, 16a�' 2 Pick.
injunction is dissolved by the court. 327; 14 N. Y. 380, 398.

DISSOLUTION OF PARLIAMENT. Distinguenda Bunt tempora.; Bliud est

The crown may dissolve parliament either in fal!ere, aliud perficere. Times must be
person or by proclamation; the Jissolution is distinguished; it is one thing to do. another
usually by proclamation, after a prorogi\tion. to perfect. 3 Leon. 243; Branch, Prine.
No par liament may last for a longer period Dlstinguenda. sunt tempora. ; distingue
than seven years. Septennial Act, 1 Geo. I. tempora et concordabis leges. Times
c. 38. Under 6 Anne. c. 37, upon a demise are to be distinguishedj distinguil!lh times,
of the crown, parliament became ipso facto and you will harmonize laws. 1 Coke, 24.
dissolved six months afterwards, uut under A maxim applied to the construction of stat..
the Reform Act, 1867, its continuance is now utes.
nowise affeded by such domise. May, ParI.
DISTINGUISH. To point out an ••sen­
Pr. (6th Ed.) 48. Brown.
tial difference; to prove a case cited 88 8�
DISSOLVE. '1'0 terminate; abrogate; plicabl£:-. inapplicable.
cancel j ann u l ; disintegrate. To release or
u nloose the binding force of anything. As DISTRACTED PERSON. A term used

to "dissolve a corporation , " to "dissolve an in the statutes of Illinois (Rev. Laws Ill.
inj un('tion. " 1833, p. 332) and New Hampshire (Dig. N.
'rhe phrase "dissolving a corporation " is some­
H. Laws, 1830, p. 339) to express a state 01
times used as syuonymous with annulling the insanity.
charter or terminating tbo existence of the corpo·
ration, and sometimes as meaning merely a judi· DISTRACTIO. In the civil law. The
cial act which nlienates tbe property and suspends sale of a pledge by a debtor. The appropria­
t.he business of the corporation. without terminat­ tion of the property of a ward by a guardian.
ing its existence. A corporation may, for certain
Calvin.
purposes, be considered as dissolved 80 far as to
be incapo.bleof doing injul":'o" to the public, while it DISTRAHERE. To sell; to draw apartj
yet reta.ins vitality so far as essontial for tbe pro-­
to dissolve a contract; to divorce. Calvin.
tection of tbe rights of olhers. 1 Holmes, 1M.
DISTRAIN. To take as a pledge prop­
DISSUADE. I n criminal law. To ad.
erty of another, and keep the same until be
vise and procure a person not to do a n act.
performs his obligation or until the property
'l'odissuad e a witness from givingevidcl1ce
is replevied by the sheriff. It was used to
against a person indicted js an indictable of­
secure an appearance in court, payment of
fense at comInon law. Hawk. P. C. b. 1, c.
rent, performance of services. etc. 3 HI.
21, § 15.
Comm. 231; Fit,il. Nat. Brev. 32, B. C. 223.
DISTILLER. Every person who pro· Distress is now generally r�sorted to for
duces distilled spirits, or who brews or mai{es the purpose of enforCing the payment of r6nt.
mash, wort. or wash. fit for distilla.tion or taxes. or other dutiel.
for the production of spirits. or who, by any
process of evaporization, separates alcoholic
DISTRAINER, or DISTRAINOR.
He who seizes a distress.
spirit from any fermentetl SUbstance. or who,
making or keeping mash, ''''ort, o r wash. has DISTRAINT. Seizure.
also in his possession Or use a still, shall be
DISTRESS. The taking a personal chat.
regarded asa distiller. Rev. l:3t. U. S. § 3247.
tel out of the possession of a wrong-doer into
'leo 16 B1atchf. 547; 2 Ben. 438.
the custody of the party inju red, to procure
DISTILLERY. 'rhe strict meaning of a satisfaction for a wrong committed; as for
" distillery" is a place or building where non-payment of rent, or inj ury done by cat­
alcoholic liquors are distilled or man ufact;. tle. 8 m. Comm. 6, 7; Co. Litt. 47. The
 DISTRESS INFINITE DISTRICT REGISTHY

taking of beasts or other personal property
by way ot pledge, to enforce the performance
{If something due from the party distrained
upon. 8 131. Com Ill . 231. The laldng of a
defendant's goods. in order to compel an ap­
pearance in court. 1d. 280; 3 Steph. Comm.,
361. 368.
DISTRESS INFINITE. One that bas
no bounds with regard to its quantity, and
may be repeated from time to time, until the
stubborn ness of the party is conquered. Such
are distl'esses for fealty or suit of court. and
for compelling jurors to attend. 3 Bl. Camm.
231.
DISTRIBUTEE. Distributee is admis­
eible to denote one of the persons who are
entitled, under the statute of distributions.
to the personal estate of one who is dead in·
tesMe. 9 Ired. 278.
DISTRIBUTION. In practice. The
apportionment and division, under authority
of a court. of the remainder of the estate of
an intestate. after payment of the 'debts and
charges. among those who are legally entitled
to share in the same.
DISTRIBUTIVE FINDING OF THE
ISSUE. The jury are bound to give their
verdict for that party who, upon the evidence,
appears to them to have succeeded in estab-­
lishing his Side of the issue. Dut there are
cases in which an issue may be found dis­
tributively, i. e., in part for plaintiff, and i n
part for defendant. Tbus. i n a n action for
goods sold and work done, i f the dofendant
pleaded that he never was indebted. on which
Also. under the state governments. the pros­
ecuting officer who represents the state i n
each of its ju dicial d istricts, In some states,
where the territory is divid ed, for jud icial
purposes, into sections called by some other
name than "distri�ts. " the same officer is de­
nominated "county attorney" or "state's at­
torney. "
DISTRICT CLERK. The clerk of a
district court of either a state or the United
States.
DISTRICT COURTS. CoUl'ts of the
United States, each having tenitorial j u ris­
diction over a dist1'ict. which may include a
whole slate 01' only part of it. Each of these
courts is presided over by one jndge, wlio must
reside within the district. These courts have
original jurisdiction over all admiralty and
maritime causes and all proceedings in bank-
E
ruptcy. and over all penal and criminal mat­
ters cognizable under the laws of the United
States. exclusive jurisdiction over which is
not ,'ested either in the supreme or circuit
courls. F
Inferior courts of record in California. Con­
necticut, Inwa. Kansas, Louisiana, Minne­
sota. Nebraska. Nevada, Ohio. and Texas are
also called "dist.rictcollrts." Theil' j u risdic-
tion is for the most part similar to tbat of
G
county courts. (q. v.)
DISTRICT JUDGE. The judge of a
United States district court; also, in some
states. the judge of a district court of the H
state.
DISTRICT OF COLUMBIA. A terri­

issue \y<\s joined. a verdict might be found tory situated on the rotomac ri ver. and being
for the plaintiff 8S to the gooda, and for the the seat of government of the United I::itates. I
defendant as tc the work. Steph. PI. (7th It was originally ten miles squ<ll'e. and was
Ed.) 77d. composed of portions of Maryland and Vir­
ginia ceded by those states to the United
DISTRIBUTIVE JUSTICE. See Jus­ States; but i n 1846 lhe tract coming from J
TICE. Virginia was retroceded. Lpgally ilis neither
a state nor a telTitory. but is made sUbject. by
DISTRICT. One of the portions into
which an entire state or country may be di­ the constitution, to the excl usive jurisdiction
vided, for ju diclal, polit ical. or administra­ of congress.

tive purposes. DISTRICT PARISHES. Ecclesiasti""l K

',rhe United States are d i vided inlo judicial divisions of parishes in 'England, for all pur­
districts. in each of which is established a poses of worship. and for the celebration of
district court. They are also divided into marriages. Christenings. churchings. and bu­
election districts. collection districts. etc.
The circuit or territory within which a per-
rials. formed at the instance of the queen's
commissioners for building new chu rches.
L
80n may be compelled to appeal'. Cowell. Soe 3 Seeph. Corom. 744.
Circuit of authority; province. .Bnc. Lond.
DISTRICT REGISTRY. By tbe En­
DISTRICT ATTORNEY. The prose­ glish jUd icature act. 1873. § 60, it is provided M
cuting officer of the United States govern­ that to facilitate proceedings in country dis­
ment in each of the federal judicial districts. tricts the crOWD may. from time to tillle, by
 DISTR1CTIO
order in council, create district registries, and
app oint district registrars for the purpose of
issuing writs of s ummons , and for other PUT*
pos es. Docnments sealed in any such dis·
trict regis try shall be received i n evidence
without further proof. (se ction 61j) and the
district registrars may administer oaths ordo
other things as p rovi ded by r'ulea or a special
order of the court, (section 62.) Power, bow­
ever, is given to a j udge to remove proceed­
ings from a district registry to the amee of the
high court. Secti o n 65. By order i n coun­
cil of 12th of August, 1875. a DumbE'r of dis­
trict registries have been establisbHd in the
places mentioned in that Older; and the pro­
thonotaries i n Liverpool, Manchester, and
Pr eston , the distr ict registrar of the court of
admiralty at LiverpOOl. a nd the county court
registra rs in the other places named, have
been appointed district regis�rnrs. Wharton.
DISTRICTIO. A distress ; a d istrain t.
Cowell.
DISTRINGAS. In English practic�.
writ directed to the sheriff of the county in
which a defendant resides, or has any goods
or chattels, commanding him to dist1'ain up­
on the goods and chattels of the defendant for
forty shi l lings, in o t'der to compel his appear·
anee. 3 Steph. Com m . 567. This writ issues
in cases where it is found impracticable to get
at the n.l'fendant personally. so as to serve a
Slifu mon& upon him. Id.
A clist1'in,qas is also used in e q ll ity , as t h e
first process to compe l the appearance o f a
corporation aggregate. St. 11 Geo. IV. and
1 Wm. 1V. c. aB.
A form of execu tion in the aclious of deti­
nue and assise of nuisance. Brooke. Abr, pI.
26i 1 Raw le, 44.
DISTRINGAS JURATORES. A writ
commanding the sheriff to have the bodies of
the j urors, 0"di.\t1'ain th em uy their lands
to
and goods, that they may appear upon the day
apPOinted. 3 Bl. Comlll . 354. It issues at
the same time with the 'De1iire. though in
theory afterwarJs, founded on the s upp osed
neglect of the juror to attend . 3 Steph.
Comill. 590.
DISTRINGAS NUPER VICE COMI­
TEM. A writ to distr ai n the goods of one
who lately filled the oOice of sheriff, to com­
pel him totlo soroe Hct which he ought to have
done before leaving the office; as to bring i n
the body of a defe n d ,-�nt , ...,1' to s ell goods at­
\ac�ed under a jl. fa.
880 DISTURBANCE OF WAYS
DISTRINGAS VICECOMITEM. A
writ of dist1'ingas, directed to the coroner .
may be issued against a sheriff if he neglects
to execnte a writ of venditioni �p01HtS.
Arch. Pr. 584.
DISTRINGERE. In feudal and old En­
To distrain; to coerce or compel.
glish law.
Spel man ; Calvin.
DISTURBANCE. A wrong done to an
incorporeal hereditament by hindering or dis­
quieting the owner in the enjoyment of it .
Finch. 187; 3 BI. Corom. 235.
DISTURBANCE OF COMMON. The
doing any act by which the right of another
to his com mon is incom moded 0(' dim inished i
as where one who has no right of common
puts his cattle into the land, or where one
who has a right of common puts in cattle
which are n ot commonable. or surcharges
the commo n ; or w h ere the ownel' of the lan d .
or otber person. incloses or otherwise ob­
strllcts it. 3 BI. Comm. 237-241 ; 3 Steph.
A Comm. 511, on.
DISTURBANCE OF FRANCHISE.
The disturbing or incommodi ng a man in the
lawful exercise of bis franchise. whereby the
profits arising from it are diminished. 3 Bl.
Comm. 236; 3 Step il . Comm. 510; 2 Crabb,
Real Prop. p. 1074, § 2472a.
DISTURBANCE OF PATRONAGE.
The hi ndrnnce or obstruction of a patron
from presenting his clerk to a benefi ce . 3
B l . Comm. 242; 3 Steph. Comm. 514.
DISTURBANCE OF PUBLIC WOR­
SHIP, Any acts or conduct which interfere
with the peace and good order of an assembly
of perso n s lawfully met rogetherfor religious
exercises.
DISTURBANCE OF TENURE. In
the law of tenure. disturbance i21 wh ere a
stranger, by menaces, force, persuasion, or
otherwise, causes a tena nt to leave Ids teo·
allcy; this disturbance of tenure is an injury
to the lord for which aD act,ion w ill lie. 3
Steph. Comm. 414.
DISTURBANCE OF WAYS. Thi.
happens where a person who has a right of
way over another's ground by grant or pre­
scription is ubstructed by i n clos ures or other
obstacles. or by plowing .!lcross it. by which
means he cannot enjoy his right of way, or at
least i n so commodious a mann el' as he might
have done. 3 Dl. COlllm. 241.
 DISTURBER 881 DIVINE SERVICE

DISTURBER. ]f a bishop refuse or neg­ DIVES. In the practice of tbe Englloh

lect to examine or admit a patron 's clerk,
without reason assigned or notice gi ven, he
is styled a Udisturber" by tile law, and shall
not have any title to present by lapse; for no
man shall take advantage oE his o w n wrong.
2 BJ. Comm. 278.
chancery division. " d i ves costs " are costs on
the ordinary scale, as opposed to the cosls
formerly allowed to a successful pauper suing
or defending in f01'1na pauperis, and whicu
consisted ouly of his costs out of pocket.
Dan iell. Oh. Pro 43.

DITCH. The words "ditch" and "drain" DIVEST. Equivalent to devest. (g. �.)
have no technical or exact meaning. They
DIVESTITIVE FACT. A fact by
both may mean a hollow space i n the ground,
means of which a right is divested, terminat­
natural or artificial, where water is collected
ed, or extinguished ; as tbe right of a tcnant
or passes off. 5 Gray, 64.
terminates with the expiration of his lease,
DITES OUSTER. . L. Fr. Say over. and the right of a creditor is at an end wben
The form of awarding a 1'espondeas ouster. his debt bas been paid.. Holl. J ur. 132.
in the Year Books. M. 6 Edw. III. 49.
Divide et impera, cum radix et vertex
DITTAY. In Scotch law. A technical imperii in obedientium consensu rata
term in civil law, signifying the matter of Bunt. 4 Inst. 35. Divide and govern, since
the foundation and crown of empire are
cbarge or ground of indictment against a per­
E
ea-

son accused of crime. ' 'aking up dittay is

l tablisbed ill the consent of the obedient.
olltaining inforlllations and presentments of
DIVIDEND. A fund to be divided.
crime in order to trial. Skene, de Verb.
The share allotted to each of several persons
Sign . ; Ben.
entitled to share in a div ision of prOfits or
DIVERSION. A turning aside or alter­ property. Thus. dividend may denote a F
ing the natural course of a thing. The term fund set apart by a corporation out of its
is chiefly applied to the unaut horized chang­ profits, to be apportioned among the ehare­
ing the course of a water-course to the prej­ holders or tlle proportional amount falling
•.

udice of a lower proprietor. to each. In bankruptcy or insol veney prac-

G
tic€', a eli vidend i s a proportional payment to
DIVERSITE DES COURTS. A trea­ the creditors out of the iusolvent estate.
tise o n courLs and their j urisdiction. wriLten
In old E ngl ish law. The term denotes
in J..-'rench in tbe reign of Edward HI. as is
one part of an indentu re, (q. t:I.)
supposed. and by some attribuLed to Fl tzher­
H
bert. It was first printeJ. i n 1525, and <Igain DIVIDENDA. I n old records. .A n in­
In 153.. Crabb. Eng. Law. 330. 483. denture; one counterpart of an indenture.

DIVERSITY. In criminal pleading. A DIVINARE. Lat. To divine; to con­

plea by the prisoner in bar of execution. al­ jecture or guess; to foretell. Divinattu, a

leging that he is not the same who was at­ conjecturing 01' gueSSing.
tainted, upon which a jury is immediately Divinatio, non intel'pretatio est, qure
imJ1<lneled to try the collateral iSBUt" thus omnino recedit a litera. That is guess­
raised, viz., the identity of the person, and ing. not interpretation, which altogether de­
not whetber he is gu ilty or i nnocent, for that
parts from the letter. Bac. Max. 18, ( i n
J
has iJeen already decided. 4 ill. Comm. 396.
reg. 3.) citing Yearb. 3 Hen. VI. 20.

DIVERSO INTUITU. Lat. With •

DIVINE SERVICE. Di vine service
different view, purpose, or des i g n ; in a dif­
ferent view or point of view; by a differeut
was the name of a feudal tenure, by which
tile tenants were obliged to do some special
K
course or process. 1 W. BI. 89 ; 4 Kent, divine services in certaiu ; as to sing so many
Comm. �11, Dote. masses, to distribute such a s u m in alms,
and the like. (2 BI. ComlU. 102 ; 1 Steph.
DIVERSORIUM. In old English la IV.
A lodging or inn. Towl1sh. PI. 38.
Comm. 227.) It d i tIered from tenure in L
f1'ankalmo'ign, in tllis : that, in case of the
DIVERT. To turn aside; to turn out of tenure by divine service, the lord of whom
the way; to alter the course of things. Usu­ the Jauds were holden might distrain for its
aUy applied to water-courses. Ang. Water­ Don· performanco, w h ereas, in case offl'ank-
Conrses, § 97, et seq. Sometimes to roads. almoign. the IOl'd has no remedy by !;Iistraint M
8 East. 394. for neglect of the service, but merely a right
 DlVISA 382 DO UT DES

of complaint to the visitor to correct it. Moz· both to decrees of nullity and decrees of dissolo­
tion of marriage, while in America it is used only
ley & Whitley.
in cases of divorce a mensa. or a vinculo, a decree
DIVISA. In old English Jaw. A de­ of nullity at marriage being granted for the cause.
for which a divorce a 'O"Lncuz.o was formerly ob­
vice. n ward, or decreej also a devise; also
tainable in England.
bounds or limits of division of a parish or
farm, etc. Cowell. Also a court beld on DIVORCE A MENSA ET THORO.
the bouudary, in order to settle disputes of A di vorce from table and bed, or from bed
the tenants. and board. A partial or qualifi ed divorce,
by which the parties are separated and for­
Divisibilis est semper divisibilis. A
bidden to live or cobabit together, without
thing d ivisible may be forever divided.
affecting tbe marriage ilself. 1 RI. Camm.
DIVISIBLE. That which i. susceptible 440; 3 Bl. Comrn. 94; 2 Steph. Comm. 311;
01 being di v id ed. 2 Bish. Mar. &, Diy. § 225.
A contract cannot, in general, be divided In such
a manner that au action may be brought, or a right
DIVORCE A VINCULO MATRIMO­
acoruo, on 0. part of it. 2 Po.. t:St. 454. NIL A divorce from the bond of marri age.
A total divorce of husband and wife, dissolv­
DIVISIM. In old Englisb law. Sever· ing the marriage tie, and releasing the par..
ally; separately. Bract. fol. 47. ties wholly from their matrimonial obliga-.

DIVISION. In English law. One or tions. I HI. Comm. 440j 2 Steph . Comm.
the smaller subdivisions of a county. Used 310. 311; 2 Bish. Mar. & Diy. § 225.
in Lincolnshire as synonymous with "rid· Divortium dicitur a. divel'tendo. quia.
Ing" in Yorkshire. vir dlvertitur ab uxo re . Co. Litt. 235.

D I V I S I O N OF OPINION. In the
Di vorce is called from divertendo, because a­
man is d i verled from his wife.
practice of appellate courts, thts term de­
notes sllch a disagreement among the j udges DIXIEME. Fr. Tentb; the tenth part.
th[lt there is not a majority i n favor of an y Ord. Mar. Ii\'. 1 . tit. I, art. 9.
one view, and bence no decision can be ren­ In old French law. An income tax.
dered on the case. But i t sometimes also payable to the crown. Steph. Loct. 3.>9.
Jenolt.'s a di vision into two cla�ses, one of
which may comprise a majority of the j udges j DO. Lat. I give. The ancient and

as when we speak of a decisiou having pro.­ aptest word of feoffment and of gift. 2 ill.
ceeded from a " divided court." Comm. 310. 316; Co. Litt. 9.
DO. DICO. ADDICO. Lat. I give. 1
DIVISIONAL C 0 U R T S. Courts In
say, I adj udge. Three words used in the
England. consisting of two or (in special
H.oman Jaw, to express the extent of the civil
cases) more j udges of the high court of j us­
jurisdiction of the prretor. Do denoted that
tice, siLting to transact certain kinds of bu�i­
he ga7J8 or granted actions, exceptio ns , and
ness which cannot be disposed of by one
judices; dico, that be pronounced judgment;
judge.
addico, that he adjudged the controverted
DIVISUM IMPERIUM. Lat. A di­ property. or the goods of tile debtor. etc., to
vided jurisdiction. Applied, e. g., to the ju­ the plaintiff. Mackeld. Rom. Law. § 39.
risdiction of courts of cowman la w and eq­
uity over the same s ubj ect. I Kent. Cam Ill.
DO. LEGO. Lat. I give. I beq uoath;

366; 4 Steph. Comm. 9.

or I give and bequeath. The formal words­
of making a bequest or legacy, i n the Romao
DIVORCE. Tbe legal separation of m an law. 7'itio et Seio Sticltum. do,
hominem
and wife, effected , for cause, by the j udg­ lego, 1 gi ve and beq ueath to Titi us and
Sei UI
ment of a court, and either totally dissolving my man Stich us. lnst. 2. 20, 8. 30. 81.
tile marriage relation , or suspending its ef­ The expression is literally retained in mod­
fects so far as concerns the cohabitation of ern wills.
the p arties.
'!'be dissolution is termed "divorce from the bond
DO UT DES. Lat. I giye that you
of matrimony," or, in the Latin form of the ex­ may give; I give [you] that you may give
pression," a.vinculo matrimonii; " the suspension, [me.] A formula in the civil law, consti­
"divorce Irom bed and board, " " a mensa et thoro. " tuting a general division u nder which those
The former divorce puts an end to the mnrringej
contracts (termed " innom in at e" ) were
tbe latter leaves it in f ull force. liS Bisb. Mar. &
DiT. 5 22.'j. class ed i n which something was gt"en by
The term "divorce" is now applied, tn England, one party as a consideration for something.
 DO UT FACIAS 3S� DOCUMENT

given by the other. Dig . 19, 4; ld. 19. 5, 5 ; The docket of judgments is Q brief writing or
statement of a. judgment made from the record
2 Bl. Comm. 444.
or roll, generally kept in books, alphabetically ar·

Lat. I gi ve that you ranged, by tho clerk of the court or county clerk.
DO UT FACIAS.
1 Bradf. Sur. 343.
may do; I give [you ] that you may do or
make [for me.] A formula in the civil law,
'
The name of "docket" or "trial docket" is
under which those contracts were classed i n sometimes given to Ule list or calendar of
which one party lJave or agreed t o give causes set to be tried at a speCified term. pre­
money, in consideration the other party did pared by the clerks for the llse of th e court
01' performed certain work. Dig. 19. 5. 5 ; 2 and bar.
BI. Comm. 444. In th e practice of some of the states there

In this and the foregoing phrase. the conjunction are several gpecies of d ockets . such as t.he
loIut 11 is not to be taken as the technical means of "appearance doc!�et," " j udgment docket."
expressing a consideration. In the Roman usage, "execution docket," etc., each containing a
this' word imported a. modus, that is, a quaUfica­
brief recorll 01' the class of proceedings indi­
tionj while a consideration (cau.sa) was more
aptly expressed by the word " quia. "
cated by its name.

DOCK. 'D. To curtail or diminish, as to DOCKET, STRIKING A. A pbrase

dock an entail. formerly used in English bankruptcy prac·
tice. It referred to the entry of cert.ain pa·

E
DOCK, n. Tbo cage or inclosed space in a
pers at the bankruptcy office, preliminary to
criminal cour� where prisoners stand when the prosecution uf the Hat against a. trader
brought. in for trial. who had become bankrupt. These papers
The space. in a river or harbor. inclosed consisted of the atndavit, the bond. and the
between two wbarY6s. 17 How. 434. petitIOn of the creditor, and their object was

DOCK-MASTER. An officer invested to obtain from the J ord chancellor his fiat, F
with powers within the docks. and a certain authorizing the peti tio ner to prosecute his

di stance therel'rom, to direct the moori ngand

complaint against the lJankrupt in th e lJank­

removing of ships, so as to prevent obstruc­ ruptcy courts. Brown.

tion to the dock entrances. Mozl ey & W hit­ DOCTOR. This term means, simply, G
ley. pr act it.io ner of physic, without respect to
DOCK WARRANT. In · English law. system pursued. .A certifjcate of a home&­

A. warrant given by dock-owners to tile patbic physician is a " doctor ' s certificate. "
4 E. D. �lDith, 1.
owner of merchandise impurteJ and ware­
housed on the dock, upon the fa.ith of the
H
DOCTOR AND STUDENT. The title
bills of lading. as a recognition of his title to
of a work written by St. Germain in the
th e goods. It is a negotilible instrument.
reign of Henry VIII. in which many princi­
PUll. Port of London, p. 375.
ples of the common law are discussed in a
DOCKAGE. The sum charged for the popular manner. It is in tile form of a dia..
usp of a dock. In the cas e of a dry�c1ock. it logn e between a doctor of divinity and a stu­
has been held in the nature of rent.. dent i n law, and has always been considered
1 Newb. Aum. 69. a book of merit and authority. 1 Kent.

DOCKET, v. To abstract and enter in a

Corum. 504j Crabb, Eng. Law, 482.
J
book . 3 Bl. Comm. 3�7, 398. To make a DOCTORS' COMMONS. An institu.
brief entry of any proceeding in a coud of tion near St. Paul's Churchyard, in London,
justice in the docket. where. f or a long time previous t o IS 57 , the
ecclesiastical and admiralty courts llsed to be
DOCKET, n. A mi n ut e, abstract, or held. K
brief entry ; or the book con tain i ng sllch en­
DOCTRINE. A rule. principle. theory,
tries. .A. small piece of paper or parchment
or tenet of the law j as, the doctrine of mer­
having the effect of a larger. B lount.
ger, the doctrine of relation, etc.
In practice. .A. fOl' U l al record, entel'ed
l
in brief, of the proce ed ings in a court of jus� DOCUMENT. .An instrument on which
tice. is recorded, by means of l e tters, figures. or
A book containing an entry in bri ef of all m,trks,. matter which may be evidentially
the i mportant acts done in cOllrt in the con· used. In this sense the term "document"
duct of each case, from its inception to its applies to writings ; to words printed. li t h o· M
conclusion. PUb. St. Mass. 1882, p. 1290. graphed , or photographed j to seals, plates, or
 DOCUMENTS 384 DOLUS

stones on which inscriptions are cut or en· mon sa.ying, when we would undervalUE! I
graved ; to photographs and p ictures; to man, that he is not worth a doit. J acob.
maps and plans. The inscri ption may be on
DOLE. A part or portion of a meadow is
stone or gems. or on wood, as well as on pa�
so called; and the word bas the general
per or parchment. 1 Whart. Ev. � 614.
significat ion of share , portion. or the like ; aa
DOCUMENTS. The deeds. agreement.•• Uto dole out" anything among I!O many poor
title-papers, letters, receipb. and other writ­ persons. meaning to deal or distribute i n por­
ten in struments used to prove a fact. tiolls to them. Holthouse.

In the civil law. Evidence delivered in In Scotch law. Criminal int.ent; evil d�
the forms f'staulished by law, of whatever Sign. nell. Dict. voe. " Crime."
nature such evidence may be. The tform is,
DOLES, or DOOLS. Slips of pasture
however, applied principally to the testimony
left between the furrows of plowed land.
of witnesses. Say. Dr. Rom. § 165.
DOLG. Sax. A wound. Spel man .
DODRANS. Lat. In Roman law. A
subdivision of the as, containing nine un­ DOLG-BOTE. A recompense for a scar
eire; the proportion of nille-twelfths, or three­ or wound. Cowen.
fourths. 2 BI. Comm. 462, note. DOLI CAPAX. Lat. Capable ot m allce
or crimin al intention ; having sufficient. dis·
DOE, JOHN. The nam e of the fictitious
cretion and intelligence to distinguish be.­
plaintiff i n the action ofejecLment. S Step h.
tween right and wrong. and so to become
Comm. 6 18.
amenable to tIw crim in al laws.
DCED-BANA. In Saxon law. The act,.
DOLI INCAPAX. Incapable of crimi­
uaI perpetrator of a homicide.
n al Intention or malice; not of the age ot
DOER. In Scotch law. An agent or at­ discretion ; not possessed of sutUcient <liscr&­
torney. 1 Kames. Eq. 325. tioD .and intelligence to distinguish between

DOG-DRAW. I n old forest law. The right and wrong to Lhe extent of being

manifest deprehension of an offendt:r against criminally responsible for his actions.

venison in a forest, when he was found draw� DOLLAR. Th e unit e mployed i n the
iug nfter a deer by the scent of a hon nct led United States in cillcui ating money values.
in his band; or wiLere a person had wounded a It is coined both i n gold and silvor, and is at
deer 01' wild beast, by shooting at him, or the value of one hundred cents.
otherwise, and was caught with a dog draw­
DOLO. In Spanish law. Bad or mis­
i n g after him to rccei va the same. Man­
chievous design. White. New Hecop. h. 1,
wood, Forest La w. 2, c. 8.
tit. 1. c. 1. § 3.
DOG-LATIN. The Latin or ill iterate
persons ; Latin words put together on the
Dolo facit qui petit quod redditurus
est. He aets with guile who demands that
EngliSh grammatical system.
which he will have to return . Broom, Max.
DOGGER. In m ari time law. A light 3�6.
Ship or vessel; dogger-fish, fish brought in
Dolo malo pactum se non servatu·
ships. Cowell.
rum. Dig. 2. 14. 7. � 9. An agreement in·
DOGGER-MEN. Fishermen that be­ duced by fraud cannot stand.
long to dogger-ships.
Dolosus versatur in generalibus. A
DOGMA. In the civil law. A word person intending to deceive deals In general
occasionally used as descriptive of an ordi­ terms. \Ving. ..Max. 636; 2 Coke. 34a; 6
nance at the senate. See Nov. 2. 1. 1 ; Dig. Clark &; F. 699; Broom. Max. 289.
27, 1. 6.
Dolum ex indicHs perspicuis probari
DOING. The formal word by which con venit . Fraud should be p roved by clear
8eroices were reserved and expressed in old tokens. Code. 2. 21. 6 ; 1 Story. Cont. § 625.
conveyances; as " rendering" (redden.do) was
DOLUS. In the civil law. Guile; de­
expressive of Tent. Perk. c. 10, §§ 625. 635.
ceitfulness; malicious fraud. A fraulinlent
638.
address or trick used to deceive some one;
DOITKIN, or DOlT. A base coin of a fraud. D ig. 4, 3, 1. Any suutle contriv.
small value, prohibited by St. 3 Hen. V. ance by words or acts with a design to cir­
o. 1. We still retain the phrase, i n the com- cumvent. 2 Kent, Comm . 560' Code, 2, 21.
 DOLUS 885
Sach acta or omissions as operate as ft de.
eeption upon the other party, or violate tile
just Mn fidence reposed by hi m . whether
there be a dece i tful intent (malus animus) or
not. Poth. TraiL!! de DepOt. nn. 23. 27;
Story. Bailm. § 20a; 2 Kent. Comm. 506.
note.
Fraud. w illfulness. or i nten ti onality. In
that use it is opposed to ·�uZpc... which is neg�
ligence merely. in greater or 1es8 degree.
The policy of the Ja.w may sometimes treat
extreme culpa as if it were dolus, upon the
ma.xim culpa dolo compa1'atur. A person.
is al ways liable for dolus prod ucing damage,
but DoL alw ays for culpa producing dam­
age. even though extreme, e. g., a deposita­
ry is only li able for dclus, and not for negli­
gence. Brow n .
DoluB auotoris non nocet Buocessori.
The fraud of a predecessor prej udices not h is
8uccessor.
DoluB circuitu non purgatur. Fraud
is not purged by circuity. Bac. Max. 4;
Broom. Max. 228.
DOLUS DANS LOCUM CONTRACT­
U!. Fraud (or d ece it) giving rise to til e
contract; that is. a fraud ul ent misrepresenta­
tion made by one of the par lies to the COll­
tra ct, and l'eJied upon by the other. and
which was actually instrumental in inducing
the latter to enter into the contract.
Dolus est machinatio, cum alind dis­
simulat alind agit. Lane. 47. Deceit is
an artifice. since it preten ds one thing and
does an other.
Dolus et fraus nemini patrocinentur,
(patrocinari debent.) Deceit and fraud
shall excuse or benefit no man. Yearb. 14
Hen. VIII. 8; Best. Ev. p. 4G9. § 423; I Sto­
ry. Eq. Jur. § 895.
Dolus latet in generalibus. F raud lurks
in ge nerali ties. Tray. Lat. Max. 162.
DOLUS MALUS. Fraud; dece it with
an evil intention. Distinguished from dol'us
bonus,justifiable o r allowable deceit. Cal vin, ;
Broom, Max. 349; Mackeld. Rom. Law. § 179.
Miscon d uct. Magna negligentia culpa est;
mauna culpa dolus est, (gl't:!at negligf'nce is a
fault; a great fault is fraUd.) 2 Kent, Corum.
560, note.
Dolu's versatur in generalibus. F raud
deals ill ge neralities. 2 Coke. 34a; 3 Coke.
010.
DOM. PROC. An fl,bbreviation of Do­
",us Proceruffl or Domo P1'oCe1'1Un; the
AlI.DICT.LAw-25
DOMESMEN
houl!le ot lords in England. SomeUm ea ex­
'
pressed by the letter. D. P.
DOMAIN. The com plete and absol ute
ownerShip of land ; a paramount and ind ivid­
ual rig h t of property in land.Also the real
estate so owned. The inherent sovereign
power claimed by the legislature of a state,
of controlling pri vate property for public
uses. is termed the " right of eminent do-­
main." 2 Kent, Comm. 339.
The public lands of a state are freq uently
termed the "public domai n , " or "domain of
the state." 1 Kent. Comm. 166, 259i 2 Kent.
Comm. 339, note.
A distinction has been made between "'Pl"op.
erty l l and "'domain." The former is said to betbat
quality which is conceived to be in the thing itself,
considered as belt)nging t.o such 01' such persoD, ex­
clusively of aU others. By the lattel" is understood
that right which the owner has of disposing of
tbe thing. Hence "'domain n a.nd "'pl"operty " are E
said to be correlative terms. The one is the active
right to dispose ot; the other a passive qualUy
wllich follows the thing and places it at the dispo­
sition of the owner. S Toullier. no. 83.
D O M B E C . DOMBOC. (Sax. From F
dam, judgment, and bee, baCt a book. ) Dome­
book or doom-book. A name given amo ng
the Saxons to a code of laws. Several of the
Saxon kings publlshE'd dombocs, but the most
i mpo rta n t one was that attr ib uted to Alfred. G
Crabb. Com. Law, 7. This is sometimes con­
founded with the celebrated Domesday-Book.
See DOME-BoOK, ])OMESDAY.
DOME. (Sax.) Doo m ; sentence; judg- H
ment. A n oath. The homagel" s oath tn
the black book of Hereford. Blount.
DOME-BOOK. A bool< or code said to
have bt!en compiled under tile direction at I
Alfred. for the general nse of the whole king­
dom of England; containing. as is suppoa�d.
the principal maxi ms of the common law.
the pen alti es for misdemeanors, and the
forms of j udicial proceedings. It is saiel to J
have been extant so late as the reign of Ed­
ward IV but is now lost. 1 BI. Comm. 64,
.•
65.
DOMESDAY. DOMESDAY - BOOK.
(Sax.) An ancient record made in the time
of \\' ill i am the Conqueror, amI now remain­
ing in the English exchequer, consisting of
two volumes of unequal size. containing mi­
nute and acc urate au rveys of t h e lands in L
England. 2 BI. Cotnm. 49, 50. The work
was begu n by five justices i n each county in
lOlll . aDd finished in 1086.
DOMESMEN. ( Sax. ) An inferior kino M
of judges. Men appoint ed to doom (judge)
 DOMESTIC
i n matters in controversy. Cowell. Suitors
in a court of a manor i n ancient demesne, who
are ju dges there. Blount; Whishaw; Termes
de l. Ley.
DOMESTIC, n. Domestics, or, in full ,
domestic servants are servants who reside
•.
in the same house with the master they s erve.
The term does not extend to workmen or 1a·
borers eIJlployed out of doors. 5 B i n . 167.
'file Louisiana Civil Code enu merates
dom estics those who receive wnges and stay
in the house of the person paying and em­
ploying tbem. for his own service or that of
his fam ily; such as valets. footmen, cooks,
butlers, and others who reside in the house.
Persons employed in publ ic houses Bfe Dot in­
cluued. 6 La. An n . 276.
DOMESTIC, adj. Pertainin g, belong.
ing . or re latin g to a borne, a domicile. or to
the place of birth, origin. creation. or trans­
action. See the following titles.
DOMESTIC ADMINISTRATOR. One
apPOin ted at th e place or the domicile of the
decedent; distinguished from a foreign or an
anci llary ad m i nistrator.
DOMESTIC ANIMALS. Horses
embraced within this descripti o n . 2 Allen,
209. But dogs are not. 75 Me. 562.
DOMESTIC ATTACHMENT. A SPE>­
cies of attachment again st reSident debtors
who absent or conceal themselves. as foreign
attachment (q. '0.) is against non-residents.
20 Pa. St . 144.
DOMESTIC BILL OF EXCHANGE.
A bill of ex ch an ge drawn on a person resid­
ing in the same state with the drawer; or
dated at a p1ace in the stale, and drawn on a
person living within the st<\te. It is the res­
idence of the drawer and dra wee which must
determ i ne whether a bill is domestic or for­
eign . 25 M iss. 143.
DOMESTIC COMMERCE. Com m erce
carried on wholly wit.hin the limits of the
United States. as distinguished from foreign
comm erce. Also. co m m erce carried on with­
In the limits of a S1 ngle state. as distin­
g u i shed from interstate commerce.
DOMESTIC CORPORATIONS. Such
Et8 were crea ted oy the 1aws of the same state
wherein they tnlnsact business.
DOMESTIC COURTS. Tbose existing
a nd ha v ing jurisd iction at t.he place of the
party's residence or domicile.
386 DOM ICILE
DOMESTIC FACTOR. One who reo
sidesand does business in the aame state or
country with bis prinCipal.
DOMESTIC JUDGMENT. A. judg.
ment or decree is domestic in the courts ot
the same state or country where it was orig­
inally rendered; i n othe r statee or countries
it is called foreign.
DOMESTIC MANUFACTURES. Thi.
8S
term in a s tate statute is used, generally. of
manufactures within its jurisdiction. 64 Pa.
St. 100.
DOMESTICUS. In old European law.
A seneschal. ste wa rd , or maJor domo ; a
j udge 's assistant ; an assessor, (g. 11.) Spel­
man.
DOMICELLA. In old English law. A.
dams el. Fleta, lib. 1, C. 20. § 80.
DOMICELLUS. In old E ngl ish law. A
hetter sort of servant in monasteries; also an
appellation of a king's bastard.
DOMICILE. That place in which a m an
bas vo1u ntarily fixed the habitation of him­
self and family, not for a mere special or
temporary purpose, but with the present in­
.re tention of m aki ng a pe rma ne nt home, nntil
some unexpected event shall occur to in du ce
him to adopt some other permanent bome.
In its ordinary acceptation. a person's domioile
Is the place where he lives or has his home. 10 a
strict. and legal sense, that:is properly the domi·
elle of a person where he has his true. fixed, per­
manent home and principal establishment, and to
which, whenever he is absent, he has t.he intention
of returning. 42 Vt. 850; 9 Ired. 99.
Domicile is but the established, fixed, permanent,
or ordinary dwelling.place or place of residence ot
0. person, as distinguished from his temporal'y and
transient, though o.ctual, place of residence. It ie
his legal reSidence, as distinguished from his tem­
porary pIneo of abode ; or his home. as distin·
guished from a place to \vhich business or pleas­
ure may temporarily call him. 29 Conn. 74.
Domicilo is the place where a person bas fixed
his habit.ation and ho.s a permanent residence,
witbout any present intention of removing therB­
from. 4 Barb. 504, 520.
One's domicile is tbo place where one's family
permanently resides. 4.6 Ga. 2n.
In international law, "domicile " means a resi­
dence at a particular place. accompanied with pos­
itive or presumptive proof of intending to continue
there for an unlimited time. 82 N. J. Law, 192.
"Domicile" and "residence" are not syn�
onymous. The domicile is the home. the
fixed place of habitation; while residence is
a transient place of d wel li n g . 5 Sa n llt . 44.
The domicile is the habitation fixed in any place
with an intention of always staying thero, while
simple residence is mueh more temporary in itl
character. 4 Hun, 489.
 DOMWILE 387 DOMINIUM DIRECTUM

Domicile Je of three sorts.-domlcl1e by service Is constituted ; as the tenemsnt over

birth. domicile by choice, and domicile by which the servitude extends is called the
operation of law. The first i s the common "servient tenement." 'Vharton.
case of the place of birth, domicUi'Um orig­
DOMINATIO. In old English law.
inis ; the second i s that which is voluntarily
Lordsbip.
acquired by a party. P1"OpriO motu; the last
is consequential, as that of the wife arising DOMINICA PALMARUM. (Dominica
from marriage. Story. Conll. La.ws, § 46. in ramis palmarum. ) L. Lat. Palm Sun­
The term "domicile of succession, " as contradis­ day. Townsh. PI. 1 3 1 ; Cowell ; Blount.
tinguished from a. commercial, a political, or a
DOMINICAL. That which denote. Ih.
forensio domicile, may be defined to be tbe actual
residence of a man within somB particular juris­ Lord's day, or Sunday.
il\ntion, of such character as shall, in accordlmce
with certain well-established principles of the DOMINICIDE. '.rhe act of killing one'.
publio law, give direction to the succession of bis lord or master.
personal estate. 7 Fla.. 81.
DOMINI CUM. Lat. Domain ; demaln;
DOMICILE OF ORIGIN. The horne demesne. A lordship. That of which one
ofthe parents. Phillirn. Dam. 25,101. That has the lordship or ownership. That which
which arises from a man's birth and connec­ rt:lmains under the lord's immediate charge
tions. 5 Ves . 750. The domicile or the par­ and control. Spelman.
ents at the time of birth. or what is termed Property j domain; anything pertaining to E
the "domicile of origi n , " constitutes the a lord. Cowell.
domicile of an infant, and continues until In ecclesiastical law. .A. church. or any
abandoned, or until the acquisition of a new other building consecrated to God. Du

F
dom icile in 8 different place. 1 Brock. 389, Cange.
893.
DOMINICUM ANTIQUUM. In old
DOMICILED. Established In a given EnglisLllaw. Ancient demeane. Bract. fol.
domicile; belonging to a given state or juris­ 369b.
diction by right of dom icile.
DOMINION. O wnership, or right to G
DOMICILIARY. Pertaining to doml­ property. 2 HI. Comm. 1. "The holder has
cilei relating to one's domicile. Existing or the dominion of the bill." 8 East, 579.
created at, or connected with. the domicile Sovereignty or lordshi p ; as the dominion
of a suitor or of a decedent. of the seas. MolL de Jure Mar. 91, 92.

DOMICILIATE. To establish one'. DOMINIUM. In tbe civil and old En- H

domicile; to take up one's fixed residence in glish law. Ownership; property in the larg­

a gi ven place. To establish the domicile of est sense, including both the rigllt of proper.

another person whose legal residence follows ty and the right of possession or use.

one's own. The mere right of property, as disU nguished I

from the possession or usufruct. Dig. 41, 2.
DOMICILIUM. Domicile, (g. 0.) 17. I i Calvin. The right which a lord had
in the fee of his tenant. In ihis sense the
DOMIGERIUM. In old English law.

J
word is very clearly distinguished by Brao-
Power over another ; also danger. Bract. !.
ton from dominicltm.
4, t. 1 , c. 10.
The estate of a feoffee to US63. "The feot­
DOMINA, (DAME.) .A title given to fees to use shall 118ve the dominium, and the
honorable WOlU!jD, who anciently, i n their cestui que use tbe disposition."
K
Latch, 137.
own right of inheritance, held a barony. Sovereignty or dominion. Dominium
Cowell. mad.s, the sovereignty of the sea.

DOMINANT. Thetenement whoseown­ DOMINIUM DIRECTUM. In the

er, as such, enjoys an easement over an ad­ civil law. Strict o)Vnershipi that which
joining tenement is called the udominant was founded on strict law. as distinguished
tenementj" while that which is subject to the from equity. L
easement is called the "servient" one. In later la.w. Property without USe: the
rlgbt of a landlord. Tayl. Ci.vil Law, 478.
DOMINANT TENEMENT • .A term

M
used in the civil and Scotch law, and thence In feudal law. Right or proper owner-
in ours, relating to servitudes, meaning the ship: the right of a Buperior or lord, as db­
teuement or subject in favor of which the tingUlsh� from that of his vassal or tenant.
 DOMINIUM DIRECTUM ET UTILE 388 DOMUS SUA CUIQUE, ETC.
The title or property which the sovereign in extlnguitur sanguia sui ten entis . Co.
England is considel'ed as possessing in all Lilt. 18. The supreme lord takes the place
the lands of Lhe kingdom. they being holden of the heir. HS often as the blood of the ten.
either i mmed iately or mediately of him as ant is extinct throllgh deficiency or crime.
lord paramount. DOMINUS LITIS. Lat. The mnster 01
DOMINIUM DIRECTUM ET UTILE. the sui t; i. e., the person who wus really and
The complete and absolute dominion in directly interested in the suit 8S a party. 88
propertYi tlie union of the title and the ex· distinguished from his attorney or advocate.
elusive use. 7 Cranch, 603 • . But the term is also applied to one who,
though not originally a party, has made him·
DOMINIUM EMINENS. Eminent do­
maio. self such, by intervention or otherwi!6. and
has assumed entire control and responsibility
Dominium non potest esse in pendenti. tor one side. and is treated by the court as
Lordship cannot be in suspense, i. e., pro!>," liable for costs. See 1 Curt. 20l.
erty cannot remain in abeyance. Halk. Law
Max. 39. DOMINUS NAVIS. In the civil law.
The owner of a vesst-I. Dig. 39, 4, 11, 2.
DOMINIUM PLENUM. Full 'owner­
ship; the union ot the dominium directum DominUB non maritabit pupillum nisi
witb the dominium utile. Tayl. Civil Law, semel. Co. Litt. 9. A lord cannot gi ve a

478. w a rd in marriage but once.

DOMINIUM UTILE. In the civil Dominus rex nullum habere potest
law. Equitable or prretorian ownership; parem, multo minus superiorem. The
that which was founded on equi ty_ Mack­ king cannot have an eq unl. much less a au­
eld. Rom. Law, § 827, not.. perior. 1 Reeves. Eng. Law. 115.
In later law. Use without property ; the DOMITlE. Lat. Tame; domesticated;
right of a tenant. Tayl. Civil Law, 478. not wild. Applied to domestic animals, in
In feudal law. Useful or beneficial own­ which a man may haye an absolute property.
ership; the usufruct, 01' right to the use and 2 BJ. Comm. 39l.
profi ts of the Roil, as distinguished from the
DOMMAGES INTERETS. In Frellcn
dominium directum, (q. v ) or ownerslLipof
Damages .
••

the soil itself; the right of a vassal or ten­ law .

ant. 2 Bl. Comm. 105. DOMO REPARANDA. A writ that lay

for one against his neighbor, by the antici.
DOMINO VOLENTE. Lat. The own­
fall of whose house he feared a damage­
er being wtlling; with the consent of the­ pateu and injury to his own. Reg. Orig. 153.
OWDl.'r.
DOMUS. Lat. In Lhe civil and old En4
DOMINUS. In feudal and ecclesias­
tical law. A. lord, or feudal s uperior.
glish law. A house or dwelling; a habita..
Dominus re:J;, the lord the king; the king'8
tion. Inst. 4,4. 8: Townsh. PI. 188-185.
title as lord paramount. 1 BI. Cornm. 367. DOMUS CAPITULARIS. In old rec­
Dominus cap Uali.s. a chief lord. Dominus ords. A chapter-house; the chapter-house.
medius. a mesne or intermediate lord. Dom­ Dyer, 26b.
inus ligius, liege lord or sove reign. Id.
Lord or sir; a title of distinction. It cient DOMUS CONVERSORUM.
house built or
An an·
appointed by King Henry
usuully denoted a knight or clergyman ; and, for such Jews as were converted to the
according to Cowell, was sometimes given to III. Christian faith ; but King Edward ilL, who
a genLleman of qual ity, though not a knight,
especially if he were lord of a manor. expelled the .Tews from the ki n gdom. deputed
place for the custody of Lhe rolls and
The ow ner or proprietor of a thi ng. as the recorda of Lhe chance ry. Jacob.
distinguished from him who uses it merely.
Calvin. A masLer or principal. as distin.. DOMUS DEI. The house 01 God: •
g uished from an agent or attorney. Story. name applied to many hospitals and religioulJ"
Ag. § 3. houses.

In the civU law . A husband. A taml- DOMUS PROCERUM. Tho ho use ot

ly. Vleat. lords, abbreviated into Dom. P1'OC or D. P.
••

Dominus capitahs loco hooredis habe­ Domus sua cuique est tutissimum
turf quoties per defectum vel delictum refugium. To every man his o wn bouse ia
 DOMUS TUTISSIMUM, ETC. 389 DONATOR NUNQUAM, ETC.

lIis safest refuge. 5 Coke. 91b; 11 Coke, 82; The civil law defines it to be a gIft uuder appre­
3 lnst. lti2. The house of every one 1S to hension of death ; as when anything is given upon
him as )lis castle and fortress, as WE'll for his condition that, i f the donor dies, the donee shall
possess it absolutely, or return it it the donor
defense against injury and violence as for his should survive or should repent of having made
repose. 5 Coke. 91b,' Say. 227 ; Broom, the gift, or if the donee should die belore the do·
�Iax. 432. .A. man's dwelling.house is his nor. 1 Miles. 109-117.
castle. not for his own pE"rsonal protectidn A gift in view of death is one which is
mfrely, but also for the protection of his made in contemplation. fear, or peril ot
family aoll bis property therein . 4 Hill, 437. death. and with intent that it shall take ef�
fect only in case of the death of the giv�r.
Domus tutissimum cuique refugium
Civil Code Cal. § 1149.
atque receptaculum s1t. A man's bOllse
A donation mortis causa (in prospect ot
,hould be his safest refuge and shelter. A death) is an act to take effect when the do.­
alA.xim of tlle Roman law. Dig. 2. 4. 18. nor sball no longer exist. by which he dis­
Dona clandestina. sunt semper suspi.. poses of the whole or a part of his property,
aiosa. S Coke. 81. Clandestine gifts are al.. and which is irrevocable. Civil Code La.
"ays suspicious. .rt. 1469.
Donatio non prreaumitur. A gift Is not
Donari videtur, quod nullo jure co ..
presumed. Jenk. Cent. 109.
gente conceditur.
ls
Dig . 50, 17, 82. Athlng
said to be gi ven when It is yielded other­ Donatio perficitur possessione acci-
E
wise than by virtue of right. pientis. A gift is perfected [made com­
plete] by the possession of the receiver, Jenk.
DONATARIUS. A donee; one to whom Cent. 109, case 9. A gi.ft is incomplete un-
lomethtng is given. til possession is deli vered. 2 Kent, Comm. F
438.
DONATIO. Lat. A gift. A transfer
Df the title to property to one who receives it D o n a t i o principia intelligitur sine
without paying for it. Yicat. The act by prrejudicio tertii. Dav. Ir. K. B. 75. A
which the owner of a thing voluntarily trans­ gift of the prince is understood w ithou t G
fers the title nnd posspssion of the saille from prejudice to 8 third party.
t.imself to another person, without any con­ DONATIO PROPTER NUPTIAS. A
lideration. gift on accountof marriage. In Roman law,
Its literal translation, "gut, " has acquired in

real law a more limited meaninJl, being applied to
'he conveyance of estates tail. 2 Bl. Corum. 316;
Llttleton, § 59; West. Symb, § 254; 4 Cruise, Dig.
Sl. There are several kinds of donatio. as : Do·
natlo stmpl.e:t et pura, (simple and pure gift
without compulsion or consideration;) donatio ab·
.oluUt ct larOft, (an absolute gift;) donatto condi·
UonuUs. (a conditional gift ;) donatio Btrl£ta et
COHTcturu, (a restricted gift, as an estate tail.)
D O N A T I O INTER VIVOS. A gift
between the living. The ordinary kind of
gift by one person to another. 2 Kent,
Comm. 438; 2 Steph. Comm. 102. A term
derived from the civil law. lnst. 2, 7, 2.
A donation inte1' f)i'OOI:J ( be t wee n living"
persons) is an act by which the donee di vests
himself at present \� nd irrevocal>ly of the
thing given in favor of the donee who ac­
cepts it. Civil Code La. art. 1468.
DONATIO MORTIS CAUSA. ( Lat.
A gift in prospect of death.) A gift made
by a person in sickness. who. apprtlhending
his dissolution near, delivers, or causes to be
H
the bridegroom's gift to t.he bride in antici·
pation of marriage and to secure her dOB was
called " donatio ante nupUas,." but by an
ordinance of Justinian stich gift might be
made after as well as before marriage, and
in that case it was called " donatio p1'opter
nuptias. " Mackeld. Rom. La w, § 572.
DONATION. In eccleSiastical law.
A mode of acquiring 11 benefice by deed. of
gift alone, without presentation, institution,
or induction. 3 Steph. Comm. 81.
J
In general. A gift. See DONATIO.
DONATIVE ADVOWSON. In eccle·
K
siastical law. A species of advo\vson, where
the benefice is conferred on the clerk by the
patron's deed of donation, without presenta·
tion. institution, or induction. 2 BI. Comm.
23; Termes de la Ley.
DONATOR. .A. donor; one who makea a
L
gift, ( dona tio. )
Donator nunquam desinit possiderA,

M
delivered. to another the possession of any antequam donatorius incipiat poasid&re.
personal goods. to keep as his own In case of The donor never ceases to possess, until the
the donor's decease. 2 BI. Comm. 614. donee begins to poss(>ss. Bract. fol. 4lb
 DONATORIUS 890 DOS

DONATORIUS. A donee; a person to DORMANT CLAIM. One wbich \, In

whom a gift is made; a purchaser. Bract. abeyance.
fol. 13. et seq.
DORMANT EXECUTION. One which
a creditor delivers to the sheriff with di rec­
DONATORY. The person on whom the
tions to levy only. and not to sell. until (ur­
king bestows his right to any forfeiture that
ther orders, or until a j unior execution is re­
bas fallen to the crown.
ceived.
DONE. Distingui shed from " made. "
II DORMANT JUDGMENT. One which
A ' deed made ' may no doubt mean an • in·
has not been satisHed, nor extinguished by
strument IQade;' but a ' deed done J is not an
lapse of time. but which has remained so
' instrument done,l-it is an ' act done;'
long unexecuted that execution cannot now
and therefore these words. I made and done. I
be issued upon it without first reviving the
apply to acts, as well as deeds . " Lord
j udgment.
Brougham, 4 Bell, App. Cas. 38.
DORMANT PARTNERS. Those whose
DONEE. In old English law. He to names are not known or do not appeal' as
whom lands were given; the party to whom parLners, but who nevertheless are silent
a donatio was made. partners, and pal'take of the prOfits, and
In later law. He to whom lands or ten­ thereby become partners. either absolutely to
ements are given in tail. Litt. § 57. all intents and purposes. or at all events in
In modern and American law. The respect to third parties. Dormant partners.
party executing a power; otherwise called in strictness of language. mean those who
the "appointer. " 4 Kent. Camm. 316. are merely passive in the firm. whether
known or unknown. in contradistinction to
DONIS, STATUTE DE. See DE Do­ those who are active and conduct the busi­
NIS, THE STATUTE. ness of the firm. as principals. See Story.

DONNEUR D'AVAL. In French law.

Partn. § 80.
Guarantor of negotiable paper other than by A dormant pa.rtner Is one who takea no part In
the business, and wbose connection wIth the busi­
indorsement.
ness is unknown. Both secrecy and inactivity are
implied by the word. 47 N. Y. 15.
DONOR. In old E nglish law. He by
whom lands were given to another; the par· Dormiunt 61iquando leges, nunqua.m
ty making a donatio. moriuntur. 2 lnst. 161. The laws som�
In later law. He who gives lands or ten­ tImes sleep, never die.
ements to another in taiJ. Litt. § 57; Termes
DORSUM. Lat. The back. In dOTS.
de la Ley.
reco1'df" on tbe back of the record. 5 Coke,
In modern and American law. The 44b.
party conferring a power. 4 Kent, Comm.
DORTURE. (Contracted from dorm-;'"
316.
ture.) A dormitory of a convent; a place to
DONUM. Lat. In the civil law. A sleep in.
gift; a free gift. Calvin. DistinguiShed
DOS. In Roman law. Dowry ; a wife's
from munua. Dig. 50, 16, 194.
marriage portionj all that property which on
DOOM. In Scotch law. Judicial sen­ marriage is transferred by the wife herself 01
tence, or judgment. The decision or sen­ by another to the husband with a view of di­
tence of a court orally pronounced by an offi­ .minishing the burden which the marriage
cer caUed a " dempster" or "d eemster." In will entail upon him. It is of three kinds.
model'll usage. criminal sentences still end l-'rofectitia dos is that which is derived from
with the words " which is pronounced for the property of the wife's father or paternal
doom. " grandfather. That dos is termed adventitia
which is not p'rofectitia i n respect to its
DOOMSDAY-BOOK. See DOMESDAY­ source. whether it is given by t.he wife from
BOOK. her own estate or by the wife's motber or a
third person. It is termed " eceptitia (lo,
DOOR. The plnce of usual entrance in a
when accompanied by R stipulatIon for its
house, or into a room in the house.
recl amation by the constitutor on the termi.
DORMANT. Literally, sleeping; hence nation of the marriage. See Mackeld. Rom.
inactive; in abeyance ; unknown; concealed. Law, §§ 561, 563.
 DOS 391 DOUBLE BOND

In old English law. The portion given DOTALITIUM. In canon and feud al
to the wife by the husband at the church la�. Dower. Spelman, voc. u Doar i u m ; n
Joor, in consideration of the marriage; dow­ Calvin. 2 BI. Comm . 129. Used as early a.
�r; the wife's port i on out of her deceased A. D. 841.
busband's estate in case he bad not endowed
DOTATION. The act of giving a dowry
ber.
or portion ; endowment in general, including
Dos de dote peti non debet. Dower the endowment of a hospital or other char­
Dught not to be demanded ot dower. Co. itable institution.
Litt. 3 1 ; 4 Coke. 122b. A wi�ow is not
DOTE, 11. In Spanish law. The mar.
dowable of lands assigned to another woman
riage portion of a wife. 'Yhite, New Recop.
In dower. 1 Hil. Heal Prop. 135.
b. 1 , tit. 6, c. 1 . The property which the
DOS RATIONABILIS. A reasonable wife gi ves to the husband on accotl nt of mar­
marriage portion . A reasonable part of her riage, or for the purpose of supporting the
husband's estate. to which every widow is matrimonial expenses. Id. b. I, tit. 7 t c. 1 .
entitled , of la.nds of which her husband may § 1 ; Schill. Civil Law. 75.
ha va endowed her on the day of marriage.
DOTE, 'D. "To besot" is to stupefy, to
Co. Litt. 336. Dower, at common law. 2
make dull or senseless. to make to dote; and
BI. Comm. 134.
"to dote" is to be delirious, silly, or insane.

Dos ra.tionabilis vel legitima est cujus­ These are SODle of the meanin gs. 7 Ind. 44l. E
tibet mulieris de quocunque tenemento
DOTE ASSIGNANDA. A writ w hich
tertia pars omnium terrarum et tene­
lay for a widow, when it was jud icially as­
mentorum, qum vir BUUS tenuit in do·
certained that tenant to the king was
F
a
minio suo ut de feodo, etc. Co. Litt.
seised of tenemeuts in fee or fee-tail at
S36. Reasonable or legitimate dowp.l' be­
the day of his death, and that he held of the
longs to every woman of a third part of all
Ji:ing i n chief. In slIch case the widow might
the lands and tenements of which her hus­
come into chancery, and then make oath that
ban d waS seised in his demesne. as of fee,
etc.
sbe would not marry without the king's G
leave. and then she might have this writ.
DOT. (A French word, adopted i n Louisi­ These wido\\'s were called the " ldng's wid­
ana.) ThE' fortune, portion, or dowry which ows." Jacob; llolthouse.
a woman brings to her husband by the mar­
riage. 6 Mart. (N. S.) 460.
DOTE UNDE NIHIL HABET. A H
writ which lies for a widow to whom no

Dotage is that feeblene9s of dower has been assigned. 3 Bl. Carom. 182.
DOTAGE.
the mental facullies which proceeds from old By 23 & 24 Vict. c. 126, an ordi nary action

age. It is a diminution or decay of that in­ commenced by writ of summons has taken its

tellectual power which was once possessed. place; but it remains i n force in the United I
It is the slow approach of death; of that irrev­ States. Dower unde nihil habet ( whicb title

ocable cessation, without hurt or dist'ase, of se e. )

all tile functions which once belonged to the Dati lex favet ; prremium pudoris est ;
livi ng animal. The external functions grad­ ideo parcatur. Co. Litt. 31. The law J
ually cease; the senses waste away by de­ favors dower; it is the reward of chastity ;
grees; and the mind is imperceptibly visited therefore let it be preserved.
by decay. 1 Bland. 389.
DOTIS ADMINISTRATIO. Admeas­
DOTAL. Relating to the dos or portion urement of dower. whel'e the widow holds K
of a woman ; conslituti ng bel' portion; com­ more than her share. etc.
prised in her portion.
DOTISSA. A. dowager.
DOTAL PROPERTY. In the civil law
DOUBLE AVAIL OF MARRIAGE.
in Louisiana, by this term is understood that
In Scotch law. Double the ordinary or sin­ l
property which tho wife brings to the hus­
gle v<llue of a marriage. BeH. See Du­
band to assist him in beari n g the ex penses of
PLEX V.ALOn. MARI'l'.AGli.
the marri age estaiJIishment. Extradotal
property. otherwise called "paraphernal DOUBLE BOND. In Scotch law. A.
property , " l!. that which forms no part of bond with a penalLy. as disUnguished from a M
the dowry. Civil Code La. art. 2335. single bond. 2 Kames, Eq. 359.
 DOUBLE C O M PLAINT 392 DOUBLE WASTE

DOUBLE COMPLAINT, or DOUBLE rately in respect to the same subject and in­
QUARREL. A grievance made known.by terest. Civil Code Cal. § 264l.
a clerk or othrr person, to the archbishop of
DOUBLE PLEADING. This is not al·
the province, llgainst the ordinary, for delay�
10 woo eit.her i n the declaration or subsequent
Ing or refusing to do justice in some cause
pleadings. Its meaning with respect to the
ecclesiastical, as to give sente.nce, institute
former is that the declaration must not. iIt
a clerk, etc. It is termed a "douule com­
support of a si ngle demand, allt!ge several
plaint," because it is most commonly made
distinct matters. by any one of which that
against both the juctge and him at whose
demand is sufficiently suppo�/;ed. With re­
suit justice is denied or delayed; the effect
spect to the subsequent :-l'C"adings. the mean­
whereof is that the archbishop. taking notice
ing is that none of them i1-l to contain sev­
of the delay, directs his letters. under his au·
eral dist.inct answers to that wbich preceded
then tical seal. to all c1erks of his province.
it; and the rea�
'jQn of the rule in each case is
commanding them to admonish the ordin ary.
that such pleading tends to several issut!s in
within a certain number of days, to do the
respect of a single claim. Wbarton.
justice required. or otherwise to appeal' be­
fore him or bis official, and there allege the DOUB LE POSSIBILITY. A possi.
cause of bis delay; and to signify to the ordi­ bility upon a possibility. 2 BI. Comm. 170.
nary that if be neither perform the thing en­
joined. nor appear nor show cause against D O UB L E RENT. In Englisb law.

it. he himself. in his court of audience. will Rent payable by a tenant who continues in
forthwHh proceed to do the j ustice that is possession after the time for which hE! hlls

due. C.owell. given notice to quit. until the time of his

quitting poss�ssion. St. 11 Geo. II. c. 19.
DOUBLE COSTS. In practice. The
ordinary single costs of !!Iuit, and one-half of DOUBLE VALUE. Tbis Is • penalty
that amount in addition. 2 Tidd. Pro 987. on a tenant bolding over after his landlord's
" Double" is not used here in its ordinary notice to quit. By 4 Geo. It. c. 28. § 1. it is
sense oC Iltwice" the amount. Tllt;,se costs enacted that if any tenant for life or years
are now abolished i n England by St. 5 & 6 hold over any lands. etc .• after the determi.
Vlct. c. 97. Wbarton. nation of his estate, after demand made. and
notice in writing given. for deli vering the
D O UB LE DAMAGES. Twice the possession thereof, by the landlord. or the
amount of actual damages as found by the person having the reversion or remainder
verdict of a jury.
therein, or his agent thereunto lawfully au·

DOUBLE EAGLE. A gold coin of the thorized, such tenant so holding over shall

United States of the value of twenty dollars. pay to the person so kept out of possession
at the rate of double the yearly value of the
DOUBLE ENTRY. A system of mer· lands. etc., 80 detained, for so long a time as
cantile book-keeping, in which the entries in the same are detained. tiee 'foodf. LandI.
the day-book. etc .• are posted twice into the &, Ten. (12th Ed.) 717. et seq.
ledger. First, to 1\ personal account, that
DOUBLE VOUCHER. This was when
is, to the account at the person with whom
a common recovery was had. and an estate
the dealing to which any givi.>n entry refers
o � freehold was first conveyed to any indif·
has taken place; secondly, to an impersonal
account, as II goods. " Mozley & \Vhitley. ferent person against whom the prrecipe was
brought, and tben he vouched the tenant in
DOUBLE FINE. In old English law. tail. who vouched over th� common vouchee.
A fine IrUT done grant et Tender was called a For, if a recovery were had immediately
"double flne." because it cumprehended the ftgainst a tenant in tail, it barred only the
flne sur cognizance de d1'oit come ceo, etc., estate in the premises of which he was then
and the fine sur cOl1Ce8sit. 2 Bl. Comlll. 353. actually seised. whereas. if the recovery were
had against another person, and the tenant
DOUBLE INSURANCE is where divers i n tail were vouchee. it barred every latent
insurances are made lipan the same interest
right and interest which he might have i n
tn the s�,me subject Bgi\inst the same rislts in the lands recovered. 2 Bl. Comm. 359.
favor of the same assured, in proportions ex­
ce.ding the value. 1 Phil!. Ins. §§ 359. 366. D O U B L E WASTE. Whe" a tenont
A double insurance exists where the same bound to repair suffers a house to be wasted,
person is insured by several insurers sepa· and then unlawfulty fells timber to repair it,
 DOUBLES 393 DOWER BY CUSTOM

be is said to commit double waste. Co. DOWAGER-QUEEN. The widow of the

Litl. 58. king. As such she enj oys most of the pri vi..
leges belonging to her as queen consort. It
DOUBLES. Letters·patent. Cow.lI. is not treason to co n spire her death or v iolate
her chasti ty, because the Ruccession to the
The u ncerta.i nty which exists
crown is not thereby enda ngered. No man,
DOUBT.
in relation to a fact, a proposition, or oth,er
however. can marry her without a speci al
thi ng; an equipoise of the mind aris i ng from
license from the sovereign. on pain of forfeit­
an e q uality of co ntrary reasons. Ayl. Pando
ing h is Jands or goods. 1 Bl. Cam m . 233.
121.
The term "reasonable doubt" is often used, but DOWER. The prov ision which the law
Dot easily defined. It is not mere possible doubtj makes for a widow out of the lan ds or tene�
ments her support and
because everything relating to human affairs and
of her husband. for
the nurture of her children.
depending on moral evidence is open to some pos·
sible or imaginary doubt. It 1s that state of the Co_Litt. aDa;
case which, after tbe entire comparison and con· 2 BI. Comm. 130; 4 Ke n t . Cornm. 35; 1
sideration ot all the evidence. leaves the minds of Washb. Real Pro p. 146.
Dower is a n estate for the life of the widow
jurors in such a condition that they canDot sa.y

jn a cer tai n pOI'tion of the follo wi ng real

they feel an abiding convictioo, to a moral cer­
tainty, of tbe truth of the charge. The burden of
proof is upon the proseoutor. All the presumptions
of law independent of evidence &re in favor of in·
Cloceoce; and every person is presumed to be inno­
cent until he is proved guilty. If upon such proof
there is reasooable doubt remaining, the accused
is entitled to the benefit of it by an acquittal; for
it is not sufficient to establish a probability, though
a strong one, arising from the doctrine of chances,
that the fact charged is more likely to bo true
than the contrary, but the evidence must establish
the truth of the fact to a reasonable nnd moral
certainty,-n certainty that convinces and directs
the understanding and satisfies the reasou and
judgment of those who are bound to act conscien·
tiously upon it. This is proof 'beyond reasonable
doubt; beca.use if the law, which mostly depends
upon considerations of a moral nature, should go
further than this, and require absolute certainty,
it would exclude circumstantial evidence alto­
estate of IIp-r h u sband , to wh ic h she has not
relinq uished her right during the marriage:
(1) O f all lands of which the
Itllsbaud was E
seised in fee rluring the Inarr iage ; (2) of all
lands to which another was seised in fee to
his use; (3) of all lands to which, at the time
of his death . he had a perfect eq uity. having F
paid all the purchase money t herefor. Code
Ala. 1886. § 1892.
The term, ooth technical ly and in .popular
acceptatio n , has reference to real estate ex:-
elusively. G
Ie
Vower, " in modern use; la and should be dis·
tinguished from "dowry. " Tbe former Is & pro­
vision for a widow on her husband's deatb . the
latter is a bride's portion on her marriage.

.gether. Per Shaw, C. J_, in 5 Cusb_ 320.

DOWER AD OSTIUM ECCLESIlE.
H
DOUN. L. Fr. A gIft . Otherwise Dower at lhe chu rch door or porch . An an·
written II don" and .. done."
The thirty. cientkind of dower in En glan d, where a man.
fourth c hapter of Britton is entitled II De (being tena n t i n fee·s i mple. of full age,)
Douns. " openly at the chm-ch dour, where aU m al'­
ri ,tgt>s wel'e formerly celebratell, after affiance
DOVE. Doves are animals ferO! natura. made <lnd t roth pligh ted b et w een them, en·
and not the subj ect of larceny unless they are dowed his wife w i th the wh ol e of h is lands .
In the owner's custody; as. for example. in or sllch q l l antity as he pleased. at the same
a dove·house. or when tn the nest before they t i me specifying and as certai n i ng the same. J
can fly. 9 Pick. 15. Litt. § 89; 2 B1. Comm. 133.
DOWABLE. Su bject to be charged with DOWER BY THE COMMON LAW.
dower; as dowable lands. 'fhe ordinary kind of dower in E nglish and
Entitled or en titl i n g to do wer. Thus. a American law, con sisting of one-third of the K
dowable interest in lands is such as entitles lan ds of w hich the h usba nd was seised in fee
the owner to have Buch lands cbarged with at any time d u ring the coverture. Litt.
dower. § 36; 2 HI. Comm. 132; 2 ateph. Carom. 302;
4 Kent. Comm.
L
35.
DOWAGER. A widow who is endo wed.
or who hilS a jointure in lieu of do w e r. In DOWER BY CUSTOM. A kind at
England. this is a title or addition given to dower in E ngland . regu lated by custom.
the widows of princes. dukes. earls. and other where the quant ity allowed the wife differed
noblemen. to distingu is h them from the wi ves from the proportion of the com m on law; as
of lhe heirs. who bave right to bear the title. that the wife should lmve haH the husband's M
I Ill. Camm. 224. lands; or, in some places, th� wholE"; ami. in
 DOWER DE LA PLUIS BELLE 394 DRAM

Born e, on ly a quarter. 2 Bl. Corum. 132; DOZEN P E E R S. Twelve peers as·

Litt. § 37. sembled at the instance of the barons, in the
reign of Henry 111., to be privy counselors,
D O W E R D E L A PLUIS BELLE.
or rather conservators of the kingdom .
L. Fr. Dower of the fairest [part.] A spe­
cies of ancien t English dower, incident to DRACHMA. A term employed In old
the old tenures, where t.here was a guardian plead ings and records, to den ote a groat.
in chi valry. and t,he wife occupied lands of Towllsb. 1">1. 180.
the heir as gU<ll'l11an in socage. If the wjfe An Athonian silver coi n. of the value of
bro u ght a w rit of dower against such g uard­ abo llt 7!d. s terl ing.
ian in chi v al ry, be might show this mutter.
DRACO REGIS. The standard, ensign,
and pray that the wife might be endowed de
or m ili t ary colors borne in war by the an­
La pluis belle of the tenement in socage.
cient kings of E n gland. havIng tbe figure of
Litt. § 48. This kInd of dow er was abol­
a dragon painted thereon.
ished wit.h the military tenures. 2 DI.
Comm. 132. DRACONIAN LAWS. A code of laws
prepared by Draco, the celeb ra ted la wgiver
DOWER EX A S S E N S U PATRIS.
of Athens. Tuese la ws were exceedingly
Dower by the father's assent. A speci es of
severe, and the term is now someti me::! ap­
do wer ad ostium eccZesi(E, m ade when the
plied tu any laws of unusual harshness.
h usband's father was alive, and the son, by
bis consent expressly given, endowed his DRAFT. The common term for a bill or

wi fe with parcel of his father's landa . Litt. exchange; as being drawn by one person on
§ 40; 2 Bl. Cumm. 133. anot her. 2 Bl. Comm. 467.
An order for the paym ent of money drawn
DOWER UNDE NIHIL HABET. A
by one person on another. It is said to be
writ of ri gh t which lay for a widow to whom
a nomen genel'ali�simum. and to include all
no dower had been assigned.
such orders. 1 S tory. 30.
DOWLE STONES. Stones dividing Draft also sign ifi es a ten taLi ve, provisional,
lands. etc. Cowell. or p reparatory w riting out of any docu men t
(as a will, contract, lease, etc. ) for purposes
DOWMENT. In old E nglish law. En­
of d iscu ssi on and correction, and which is
dowment; dower.
afterwards to be cop i ed out i n its final shape.
DOWRESS. A woman entitled to dower;
DRAFTSMAN. Any one who draws or
a tenant in dower. 2 P. 'Vms. 707.
frames a legal document, e. g., a wi ll , con­
DOWRY. The property which a woman veyance, plead ing, etc.
brings to her husband in marriage; now
DRAGOMAN. An inte rpreter employed
more commonly called a " portion . "
in tile east, and particularly aL the Tu rkisll
By dowry is meant the effects w h ich the
cou rt.
wife brings to the husband to support the
expenses of marriage. Civil Code La. art. DRAIN, tI. To make dry: to draw off
2�37. water ; torid land of its s upe l' flu o us moisture
This word expresses the proper meaning by adapting or i m p roving natural water.
of t i le "dos"
of the Homan, the "dot" of tlle courses aud s u ppl�m enting them. when nec­
French. and the " dote" of the Spani sh , law, essary, by artificial ditches. 58 Cal. 639.
uut is a very different thing from " do wer, "
DRAIN, n. A trench or ditc h to convey
with wbicll it. lJas som eti mes been confounded.
w ater from wet land ; a channel through
By dowry, in the Louisiana Civil .lCode, is
whicb water may flow off.
meant the effects which the wife brings to the
husbaOtl to support the expenses of marriage.
l'be word bas no technical legal meaning. Any

It is given to tb.e husband, to be enjoyed by him so hollow S])ace in the ground, natural or artificial,

long as the marriage sha.U last, and the income of where water is collected and passes ott, is a ditch
or drain. 5 Gray, 61.
it belongs to him. He alone has the administra­
tion of it during marriage, and his wife cannot de­
Tue word "drain" also sometimes denotes
prive him of it. The rea.l estate settled as dowry
the easement or ser vit u de ( acquired by grant
is inalienable during marl'iage, unless the mar­
riage contract contains a. stipulation to the con· or prescripti o n ) which c onsis ts in the right
trary. 6 La. ADD. 786. to drai n water through another'8 land. See
3 Kent. Gomln. 436.
DOZEIN. L. Fr. Twelve ; a person
twelve years of age. St. 18 Edw . II.; Bar· DRAM. In common parlan ce, this term
ring. Ob. St. 208. means a dl'ink of some substance contai n i n g
 DRA�I-SHOP 395 DRIVEL!

o ometh i n g which can produce intox­

nlcoh l, s DREIT-DREIT. Droit d ro it. Double-

Icatio n. 32 Tex. 228. right. n on of the right of possession

A u i
and the right of p rop erty. 2 BI. Comm. 199.
D R A M �SHOP. A drinking oon ,
sal
i
wher� l qu ors are sold to be drunk o n the DRENCHES, or DRENGES. In Saxun
p re mises. Ja w. Tenants in capite. They are said to be
such as, at the corn in g of William the Con­
DRAMATIC COMPOSITION. A mere o,
que r r being put out of their estates, were
ex hibi t io n , spectacle, or scene is n t a o "dra­ aftt'rwards e t re d r so to them, on their making
matic composition," wi thin the meaning of
it appear that they were the true owners
, the copy righ t laws. 1 Abb. (U. S. ) 356.
thereof. and neither in auxilio or consilio

DRAW. In old criminal practice.

i
agn n s t him. l
Spe ma n .

•
To drag (on l
a h urdl e) to the p ac e of exe· DRENGAGE. The tenure by which the
cution. n
A chmtl y no hur dl e was allowed, dre nches , or drenges, held the ir n
la ds .
but the criminal was actually d ragg ed along In olli E nghsh la w d n
the road to the p lace of execution. A part of DRIFT.
s cal
e p e i l y of cattle.
. A rivi g,

the ancient pu n is h m e n t of trailors was the

being thus drawn. 4 BI. Com m. 92. 377. DRIFT-STUFF. This term sig ni fies, Dot
In mercantile law. To d ra w bill of ex­ n
o
g ods which are the su bje ct of salvage. but
change is to write (or ca use it to be written ) matters lIoati n g at. random, wi th o ut any E
and sign it. known or discoverable o wnerShip, which, if
cast ashore, will probably never be reclaimed.
DRAWBACK. In the customs l aws . this but wil l , as a matter of course, accrue to the
term denotes an allowance made by the gov­ ripari an proprie tor. 13 R. I. 641.
ern lnent upon the duties due on i m por ted
merchandise when the importer. instead ot D R I F T L AN D , DROFLAND, or F
ll
se i ng it here, re-expo rts it; or the ref u nding DRYFLAND. A Saxo n word. signifying
of snch d u ties if already paid. This allow­ a t ri bu te or yearly paym ent made by so m e

ance amounts, in some cases, to the whole of tenants La the king, or thei r landlords, for
the o rigi nal duties; in others, to a part only. i ng their cattle through a manor to fairs G
d ri v

A drawback is a. device resorted to for enabling

or markets. Cowell.
a commodity affected by taxes to be oxported and
DRIFTS OF THE FOREST. A view
sold i n tho foreign market on the Bame terms as if
or examination of what c.:'l.ttle are in a forest,
clmse. etc that it m ay be k now n whether it H
ithad not been t.'l.Xed at all. It differs in this from
n bounty, that the latter enables a commodity to be . •

BOld for �es8 than its natural cost, whereas a draw­ be surcharged or not; an d whose the bC<lsts
are, and w b ether they are commonable.
back enables it to be sold exactly a.t its na.tural

These dri rts are made at certain times i n

co.�

DRAWEE. A to wh om a bill of
person the year by the omcers o f the fo rest. w hen
d
exchang e is add resse , and who is req ested u all cattle are driven into some pound or pla ce I
to pay the amount of money therein men­ inclosed. for the before·mentioned p urposes,
tioned. and also to discover whe the r any cattlo of
s trange rs be t lwre, which ought not to com·
DRAWER. The person making a bill of man. Man wood. p. 2, c. 15.
.. x ange and addressing it to the drawee.
e ch
J
DRIFTWAY. A road or way over which
DRAWING. In pale nt law. A repre­
cattle are driven.
sentati on of the appearance of m aterial ob­
1 Taunt. 279.

jects by means of lines and marks upon paper, A contribution

K
DRINCLEAN. Sax.
card-board, or other substance. of te n a nts in the time of the Saxons, to-
,

w ard s a po tatio n , or ale, pro vided to en ter­

DRAWING TO EXECUTION. In tain the lord, or his steward. Cowell. See
Engli sh criminal law. The act of drawing a
CEllVISARIT.
condem n ed criminal on a hurdle from the
place of prison to th e place of ex ecu tion . 4 DRIP. A species of easem ent or serv i
L
·

HI. CoIDII1. 377. Where a m an was han ged tude obli gating one man to p erm it the water

on au appeal of death. t he wife of the person falli n g fro m another man's house to fall

killed and all his ki n d red drew the felon to upon hits laou. 3 Kent, Cowm. 4SG.
own

exec u tion . DRIVER. One employed in conductiul

I
DRAWLAT CHES. Th i eves ; robbers . a coach calTiage, wagon. or other vehicle,
,
M
Cowel� with ho rses, mules, or other animals.
 DROFDEN 896 DROIT D E PRISE

D R O F D E N , or DROFDENNE. A censed foreigner, whether movable or im­

grove or woody place where cattle are kept.
.Tacob.
D R O F L A N D . Sax. A q u i t ren t. or
yearly payment , formerly roade by some ten�
ants to the kIng. or their landlords, for d,'i1>­
tng their cattle through a manor to fairs or
markets. Cowell; Blount.
movable, W�lS confiscated to the use of the
state. to the exclusion of his beirs, whether
claim i ng ab intestato or under a will of tbe
deceased. Finally abolished in lel9.
DROIT D'EXECUTION. In F rench
law, The right of 8 stock brok er to sell tbe
secnrities bought by him for account of a cl i­

ent, if the latter does not accept d envery

DROIT. In French law. Right, jU8-
thereof. T he same expression is also applied
tice, equity, law, the whole uody of law: also
to the sale by a stockbroker of securities de­
a right.
p os i ted with him by his client, in order to
This term exhibits the same ambiguity
guaranty tIle payment of Opel'l:ltions for which
which is discoverable in the German equiv­
the latter has gh 'en instrllctions. Arg. Fr.
alent, "reckt" and the English word " " ight."
Merc. Law. 557.
On the one hand these terms ans WtH' to the
I

Roman Hjus, " and thus indicate law in the DROIT DE BRIS. A right formerly
abstract, considered as the foundation of all claimed by the lord s of the coasts of certain
rights, or t he compl ex of underlying moral parts of France. to shipwrecks, by which not
pri ncipl es which i m part the cbaracter of jus­ only t he property. but the persons of those
tice to all positive law, or give it an ethical who we re cast away. were conuscated for the
content. Taken in this abstract sense, the prince who was l ord of the coast. Otherwise
terms may be adject ive s, in which case they called II (l1'oit de bTis sur le naufrage. " This
are equivalent to "just," or nouns, i n which right prevailed cbiefly in Bretagne, and was
case they may be parapbrasell by the expres­ solemnly abrogated by Henry II!.. as duke
sions "j ustice, " " m orality , " or li eq ll i ly. " of Normandy, Aquitaine, and Guienne, in a
On the other hand, t hey serve to point out charter gra nted A. D, 1226, prese rved among
a right; that is, a power. privilege. faculty, the rolls at Bordeaux.
or t le m and , inherent in one person, and inci­
DROIT DE GARDE. In F re neb feudal
dent upon another. In the latter signif1 ca­
law. Right of ward . The gu ardians h i p of
tion. droit (or recht or right) i s the correla­
the estate and person ot a noble vassal. to
tive of "duty" or "obligation.'" I n the fonuer
which the king. during bis minority, was en­
sense. it may be considered as opposed to
titled. St.pll. Loct. 250.
wrong, injustice, or the absence of law.
Droit has the further ambi guity th a.t it is DROIT DE GITE. In French feudal
lometimes used to denote the ex is tin g body law. The d uty incumbent on a roturier,
of la.w considered as one whole, or the sum holding lands within the royal domain, of
total of a number of individual laws taken supplying board and lodging to tbe king and
together. See Jus; HECHT ; HIGH'!'. to his suite while on a royal progress. Steph.
In old English law. A writ of right, Leet. 35l.
80 called i n the old books. Co. Litt. 158b. DROIT DE GREFFE. In old French
Law, The common Jaw is sometimes law, The right of sell i ng various offices con�
termed "co1mnon droit. " Litt. § 213; Co. nected witb the custody of judicial records
Litt. 142a. 01' notarial acts. Steph. Lect. 354. A priv­
DROIT· CLOSE. An ancie nt writ, di­ ilege of the French kings.
recte d to the lord of ancient denlesne on be­
DROIT DE MAITRISE. In old Frencb
half of those of his tenants who held their
law, A charge payable to the c rown by any
lands and tenements by charter in fee-sim­
on� who, after having served his apprentice­
ple, in fee-tail, for life, or i n dower. Fitzh.
ship in any commercial guild or brotherhood,
Nat. Brev. 23.
sought to becollle a master workman in it on
D R O I T D'ACCESSION. In French his own account. Steph . Lect. 354.
law. That property which i8 acqUired by
DROIT DE PRISE. In Frencb feudal
making a new species out of the material of
another. It Is equivalent to the Roman law. The duty (incumbent on a roturi81')
� specijlca tio. "
of supplying to the king on credit, during a
certai n period, such articles of domestic co n ­
DROIT D'AUBAINE. In French law. sumption as might be required for the royal
A.. rule by which all the property of a de- housebold. Steph. Leet. 351.
 DROIT DE QUINT 397 DRUNKENNESS

DROIT DE QUINT. In French feudal make an o rder in one way, the ju n ior judge
law. A reUef payable by a noble vHssal to withdrawi n g his judgment. 'Vbarton.
the king as his seigneu'r, on ev ery change in
DROP-LETTER. A letter addressed for
'he ownership of his flef. Steph. Lect. 350.
deli very I n the sam e city or district in whlch
DROIT DE SUITE. In French law. it is posted.
The right of a creditor to pursue the debtors
DROVE-ROAD. In Scotch low. A
property into the hands of third persons for
roa d for driving cattle. 7 Bell, App. Cas.
the en fo rce me nt of bis claim.
43. 53. 57. A d rif t-road. Lord Brougham.
DROIT-DROIT. A do uble right; that Id.
is, the ri ght of possession and the right of
DROVE-STANCE. In Scotch law. A
properLy . 'I'hese tw o rights were, by the
place adjoin ing a drove-road . for res ti ng and
theory of our ancient law, distinct; and the
refreshing sheep and cattle on their jo u rn ey _
above phrase was used to indicate the can­
7 Bell. App. Cas. 53. 57.
eurrellceof both in olle person. w hich concur­
rence was necessary to co ns ti tu te a co mplete DROWN. To merge or sink. .. In sOlUe
title to land. Mozley & Wb i tley. cases a right of freehold sball d1·own in a
chattel." Co. Litt. 266a. 321a.
a valley.
DROIT ECRIT. In French law. (The
E
DRU. A thicket of wood In
written law. ) The Roman civil law, or OOT­
pus Juris Civilis. Steph. Lect. 180.
Domesday.

DRUG. The gen eral name of substances

Droit ne done pluis que Boit de­
used in med icine ; any substance, vegetable.
maunde. 'rhe law gives not more than Is
animal, o r mineral. used in the composition
dema nd ed. 2 lust. 286.
or prepa ratio n of medicines. The terru i� F
Droit ne poet pas morier. Right can· also applied to materials used in dyei n g anu
not die. Jenk. Ce nt. 100. case 95. in chemistry. See 79 N. C. 281: 53 Vt. 426.
DR0ITS CIVILS. This ph rase I n

G
DRUGGIST. A dealer in drugs; one
Fren ch l aw den otes pr ivate r i ghts, tlle exe r­
whose business is to sell dr u gs and medici nes .
cise of which is independent of the status
In strict usage, this term is to be distin­
(qualite) of citizen. Foreigners enjoy them;
guished from II apothecary . " A dru ggist deals
and the extent of that enjoy m ent is deter­
in the uncompounded medici nal subs tances ;
mined by the principle of reciprOCity. Con­
the business of an ap otheca ry is to mix and
versely I fo reign ers may be sued on contracts
compoun d them. Bnt in America the tw o H
made by them in France. Brown. words are u sed interchan geably. as the same
DROIU'S OF ADMIRALTY. Rights persons nsually discharge both functio u s.
or perquisites of the admiralty. A term ap­ DRUMMER. A term RVplitld to com�
plied to goods found derelict at sea. Applied mercial agents who travel for wholesale I
merchants an d s upply the l'etuil trade with
also to property captu red in tim e of war by
non-commissioned vessels of a belligerent na­ goods. or take orders fo r goods to be shipped
tion. 1 Rent, Coru m . 96. to the retail dealer. 4 Lea. 96; 34 Ark. 557.
DROITURAL. What belongs of right;
relati ng to r ight i as real actions are either
DRUNGARIUS. In old Eu ropea n law. J
The commander of a drungus. or band of
droi tural o r possessory,--droitural when the
soldiers. Applied also to a naval commander.
plaintiff seeks to recover tbe property.
Sp el man..

H
Finch, Law, 257.
DRUNGUS. In old E u ropea n law. A
DROMONES, DROMOS. DRO­
band of soldiers, ( globus mil'itum. ) Spel man.
MUNDA. These were at first high ships of
great burden, b ut afterwards those which DRUNKARD. He is R d runkard whose

terms "drllnkard" and l

we now call " men-of- war." Jacob. habit it Is to get drunk; whose ebriety has be­
come habitual. T he
DROP. In English practice . When th e
"habitual drunkard" mean the same thin g.
members of l\ court are equally dlvided on
S Gray, 85.
tbe argument showing cause against a rule
nisi, no order is made, i. e., the rule is nei­ DRUNKENNESS. In medical jurispru­
ther discharged nor made absol ute, and the dence. The condition of a man whose mind 1\'
rule is said to drop. In practice, there be­ is affected uy th e immediate use of i ntoxicat­
mg a right to appeal , it· has b�eD usual to ing urinks.
 DRY-CR2EFT 898 DUE-BILL

D R Y - C R lE F T _ Witchcraft ; magic. ot death. he being adeo languidttB. (so sick;)

Anc. Inst. E ng. whereupon the court granted a habeas corpus
in the nature of a duces tecum licet lang'ul�
DRY EXCHANGE. In English law. A
dus. Cowell; Blount.
ierm formerly in use, Baid to have been in­
vented for the purpose of disgllisi ng and cov­ DUCHY COURT OF LANCASTER.
ering usury; something being . pretended to A tribunal at spe�ial jurisdiction, held be�
pass o n both sides, whereas, ,in truth, noth­ fore the chancellor of the duchy. or his dep­
ing passed but on one side, in which respect uty. concerning all matters at equity relating
it was called "dry." Cowell; Blount. to lands bolden of the crown in right of the
duchy of Lancaster; which is a thing very
DRY-MULTURES. In Scotch law.
distinct from the county palatine, (w hich
Corn paid to the owner of a mill, whether the
bas also its separate chancery. for sealing ot
payers grind or not.
writs, and the like,) and comprises much
DRY RENT. Rent-seck ; a rent reserved territory which lies at a vast. distance from
without a olause of distress. it ; as particularly a very large district sur­
DRY TRUST. A passive trust; one rounded by the city of Westmin ster. The
which requires no action on the part of the proceedings in this court are the same as
trustee beyond turning over money or prop­ were those on the equity side of the court of
erty to the cestui que t1·USt. chancery, so that it seems not to be a court of
record j and, indeed, it has been holden that
DUARCHY. A form of government the court of chancery has a concurrent juriS­
where two reign jOintly.
diction witb the duchy court, and may take
DUBS uxores eadem tempore habere cognizance of the same causes. The appeal
Don lieat. It is not lawful to have two from this court lies to the court of appeal.
wives at the same time. Inst. 1, 10. 6i 1 RI. Jud. Act 1873, § 18; 3 BI. Camm. 78.
Comm. 436.
D U CH Y 0F LANCASTER. Those
DUBITANS. Doubting. Dobbin, J., lands which formerly belonged to the dukes
dubita1l8. 1 Show. 364. of Lancaster, and now belong to the crown

DUBITANTE. Doubting. Is affixed to in right of the duchy. The duchy is distinct

the name of a jUdge. in the reports. to signify from the county palatine of Lancaster, and

that he doubted the decision l:endered. includes not only the connty, but also much
territory at a diatance from it, especially the
DUBITATUR. It is doubted. A word Savoy in London and some land near West­
frequently used in the reports to indicate minster. 3 BI. Comm. 78.
that a point is considered doubtful.
DUCKING-STOOL. See CASTIGATORY.
DUBITAVIT. Doubted. Vaughan. C.
J .• dubUavit. Freem. 150. DUCROIRE. In French law. Guar­
anty; eqUivalent to del credere, (which see.)
DUCAT. A foj reign coin, varying in
value indifferent countries, but usually worth DUE. 1. Just; proper; regular; lawful;
about $2.26 of our money. sufficient; as in the phrases "due care, " "due
process of law. OJ "due notice. "
DUCATUS. In feud,,1 and old English
2. Owing; payable; j ustly owed. That
law. A duchy, the dignity or territory of 8
which one contracts to pay or perform to
duke.
anothe r ; that which law or j ustice requires
DUCES TECUM. (Lat. Bring with to be paiLl o r done.
you.) The Dame of certain species of writs, 3. Owed, 0(" owing. as distinguished from
of which the subpama duces tecum is the most payabll:'. A debt is often said to be due from
usual, requiring a party who is summoned to a person where he is the party owing it, or
appear in court to bring with h i m some doc· primarily bound to pay, whether the time for
ument, piece of evidence, 01' other thing to payment has or has not urri ved.
be used or inspected by the court. 4. Payable. A. bill or note is commonly
said to be due when the tirne tor payment
DUCES TECUM LICET LANGUI­
of it bas arrived. 6 Pet. 29, 36.
DUS. (Bring with you. although sick .) In
practice. An ancient writ, now obsolete, DUE-BILL. A brief written acknowl­
directed to the sheriff, upon a return that be edgment ot a debt. It is not made payable
eQuId not bring his prisoner without dangel' to order, l i k e a promissory note. See 1. O. U.
 DUE CA):\E
DUE CARE. Just, proper ,
and sum�
dent care, so far as the circumstances de­
mand it; the absence of negligence.
This term, as usua.lly understood in cases where
the gist of the action is the defendant's negligence,
implies not only that a party bas not been negli­
gent or careless, but that he bas been guilty of no
violation of la\v in relation to the 8ubject--matter
or transaction which constitutes the cause of ac­
tion. Evideucethat a. party is guilty of a violation
of law supports the issue of a want of proper care ;
nor can it be doubted that in tbese and similar ac·
tions the averment in the declaration of the use of
due care, and the denial of it in the answer, prop.
erly and distinctly put in issue the legality of the
conduct of the party as contributing to t.he acci·
dent or injury which forms the groundwork of the
Bction. No specific averment of the particular
unlawful act which caused or contributed to pro·
duce the result complained of should, in Buch
eases, be deemed necessary. 10 Allen, 18. See,
also, Id. 582.
DUE COURSE OF LAW. This phra.e
is synonymous with "due process of law," or
"the law of the land. If and the general defi�
nition thereof is "law in its regul ar course
of administration through courts of j ustice ;"
and, while not always necessarily confined to
judicial proceedi ngs. yet these words have
auch a signification, when used to deSignate
the kind of an eviction. or ouster, from real
estate lJy which a party is di sposses se d. as to
preclude th er e under p roof of a constructive
eviction resulting from the p u r chase of a
paramo unt title when hostilely asserted by
the party h olding it. ]9 Kan. 542. See,
also, 34 Ala. 236; 11 Wend. 635; 63 AI •. 436;
38 Mis•. 424; 3 Stew. 108 ; 4 Dill. 266.
DUE NOTICE. No fixed rule can be
established as to what shall co n s ti tute "due
notice." "Due" is a re lativ e term, and mus�
be applied to each case in th e exercise of tbe
discretio n of the court in view of the particu­
lar circumstances. 1 McAll. 420.
DUE PROCESS OF LAW. Law in its
regul ar course of administration tbrough
courts of justice. 3 Story , Const. 264, 661.
"Due process of law in ea.ch particular case
means such an exercise of Lhe powers of the
governmtjnt as the settled maxi illS of la w per­
mit and sancLion, and under such safeguards
for the p rote ction of individual dghts as
th0se maxims p re scr i be for the class of c ases
to wh ic h the one in questi on bel ongs . "
Cooley, Canst. Lim. 441. See , also, 12 N .
Y. 2v9; 5 Mi ch. 251; 6 Cold . 233; 49 Cal.
403.
Whatever difllculty may be experienced in giv·
lng to those terms a definition which will embl'ace
every permissible exertion of power a.ffecting pri·
vale rights, aod exclude such as is fOl'bi.ddeu, tucl'e
899 DULY
can be no doubt of theIr meaning when applied to
judioial proceedings. They then mean a course of
legal proceedings according to those rules and
principles which have been established in our sys-­
tems of jurisprudence for the enforcement and
protection of private rights. To give such pro­
ceedings any validity, there must be a tribunal
competent by its constitution-that is, by the
law of its creation-to pass upon the subject--mat·
tel' of the suit ; and, if that involves merely a de.­
termination of the pel'solJal liability of the defensl·
ant, he must be brought within its jurisdiction by
service of process within the state, or his volun·
tary appearance. 95 U. S. 733.
Duo process of law implies the rIght of the per·
son afl'ecte d thereby to be present before the trio
bunal which pronounced judgment upon the ques·
tion of life, liberty, or property, in its most com·
prehenstve sense ; to be heard, by testimony or
otherwise, and to have the right of controverting,
by proof, every material fact which bears on the
question of right in the matter involved. If any
E
question of fact or liability be conclusively pre­
sumed against him, this is not due process of law.
58 Ala. 599.
These phrases in the constitution do not mean
the general body of the law, common and statute,
as it was at the time the constitution took effect ;
for that would seem to deny the right of the legis·
lature to amend or repeal the law. They refer to F
certain fundamental rights, which that system of
jurisprudence, of which ours is a. derivative, has
always recognized. 50 Miss. 468.
"Due process of law," as used in the constitu­
G
tion, cannot mean less than a prosecution or suit
instituted and conducted according to the pre·
scribed forms and solemnities for ascertaining
guilt, or detel'milJing the tit.le to property. a N.
Y. 5ll, 517 ; 4. Hill, 140 ; 10 N. Y. 374,897.
DUEL. A dupl is any combat witb dead-
Iy weapons. fought between two or more H
persons, by previous agreement or IIpon a
previous quarrel . Pen. Code Cal. § 225.
I
DUELLUM. The tr ial by battal or j udi·
cial combat. See nATTEL.
DUES. Certain payments; rates or taxes.
a title at no�
J
DUKE, in Engl i sh law, is
binty, rank ing im mediate ly
next to th e
Prince of Wales. It is only a title of digni�
ty. Conferring iL does not give any domain.
territory, or j urisdiction over the place
K
whence the title is taken. Duches8, the con-
sort of a duke. Wharton.
DUKE OF EXETER·S DAUGHTER.
The name of a rack in the Tower, so called
after a minister of Henry VI.. who so ug ht
to inLroduce it into England. L
DULOCRACY. A. go vernmen t where
servants and slaves have so much license
and privilege that they domineer. 'Wharton.
M
DULY. In due or propel' form or man·
nero
 DULY 4UO DUODECIMA M A.NUS

Regu larly; upon a proper foundation, as der a candlestick, or other thing, and It t.
disting ui shed from mere form. agreed that no bidding shall avail unless
equal to that. this Is called " d umb·bldding."
DUM. Lat. While ; as long as; until ;
Bao. Auct. 44.
upon condition that; provided that.
DUMMODO. Provided; provided that.
DUM BENE SE GESSERIT. While
.A word of limitation in the LaLin forms at
he shall conduct himself well i dtlrlhg good
conyeyance�, of frequent use in introducing
behavior. Expressive of a tenure of office
a reservation; as in reserving a rent.
not dependent upon the pleasure of the ap­
pointing power. nor for a l i mited period. but
DUN. A monnLain or high open place.
terminable only upon the death or miscon­ The names of places ending in dun or don
duct of the incumuent. were either built on hills or near them in
D U M F E R V E T OPUS. While the open places.
work glows; in the heat of action. 1 Kent,
DUNA . In old record.. A bank of earth
Comm. 120.
cast up; the side of a ditch. Cowell.
DUM FUIT IN PRISONA. In En.
glish law. A writ which lay for a man who D U N G E O N . Such an under-ground
prison or cell as was formerly placed in the
bad aliened lands under duress by imprison­
ment, to restore to him his propel' estates. strongest part of a fortress; a dark or 8Ub­

2 lnst. 482. Abolished by St. S& 4 WID. terraneous prison.

IV. c. 27.
DUNlO. 1l. double; a kind ot base coin
DUM FUIT INFRA lETATEM. less than a farthing.
(While he was within age. ) In old English
practice. A writ of entry which formerly D U N N A G E. Pieces of wood placed

lay for an infant after he had attained his aga.inst the sides and bottom of the bold of •

full age. to recover lands which he had

vessel, to preserve t.he cargo from tbe efJ'p.ct
of leakage, according to its nature and qual­
aliened in fee. in tail, or for life. during his
Ity. Abo. Shipp. 227.
infancy; and. after his death. bis beir bad
There is conSiderable resemblance between
the same remedy. Reg. Orig. 228b; Fitzh.
dun nage and ballast.'fhe latter is used for
Nat. Brev. 192, G; Lilt. § 406 ; Co. Lilt.
trimming the ship, and bringing it down to
247b.
a draft of water proper and safe for sailing.
DUM NON FUIT COMPOS MENTIS. Dunnage is placed under the cargo to keep
The name of a writ which the heirs of a per­ it from being wetted by water getting into
eon who was non compos mentis, and who the boltl . or bet.ween the different parcels to
aliened his lands. might have sued out to re­ keep them from bruising and injuring each
stere him to his rights. Abolished by S&4 other. 1 3 Wall. 674.
Wm. IV. e. 27.
DUNSETS. People that d well on hilly
DUM RECENS FUIT MALEFICI.
places or mountains. Jacob.
UM. 'Vhile the offense was fresh. A term
employed i ll the old law of appeal of rape. Duo non possunt in solido unam rem
Br"ct. fol. 147. possidere. Two cannot possess one thi ng
in entirety. Co. Litt . 368.
DUM SOLA. While sale, or sin gl e. Dum
lola fuerit, while she shA.ll remain sale. Dum Duo Bunt instrumenta ad omnes res
sola et casta vixertt. while she lives single aut conftrmandas ant impugnandas, ra..

and chaste. 'Vords of li mitation in old con­ tio et a utho ritas. There are two instru..
veyances. Co. Litt. 235a. Also applied ments for confirm ing or impugning all
generally to an un married woman i n connec­ things.-reason and authority. 8 Coke, 16.
tion with something that was or might be
DUODECEMVlRALE JUDICIUM.
done during that condition.
The tl'ial by twelve men. or by j ury. Applied
DUMB. One who cannot speak; a person to j uries
de medietate lingua. Mol. de Jure
who is mute. Mar. 448.

DUMB· BIDDING. In sales at auction, DUODECIMA M A N U S. Twelvo

when the minimum amount whiclJ the own­ hands. Tbe oaths of twelve men, including
er will take for the article is written on a himself. by whom the defendant was ailowed
piece of paper, and placed by the owner UII- to make hia la w. 3 BI. Corum. 34b.
 DUODENA 401 DURANTE MINORE lETATE

DUODENA. In old records. A jury of In English law. The certificate of dis­

':.welve m en . Cowell. charge givento an insolv ent debtor who
takes the benefi t of the act for the relief at
DUODENA MANU. A dozen hands, insol vent deLtors.
I. s" tweJve witnesses to purge a criminal of The ticket given by a pawnbroker to the
an offense. pawner of a chattel.
Duorum in solidum dominium vel DUPLICATE WILL. A term used in
posse ssi o esse non potest. Ownersh i p or England, where a testator executes two
possessi o n in enti rety cannot be in two per­ copies of his will, one to keep himself, and
Bons of the same thing. Dig. 13. 6, 5. 15; the other to be depOSited with another per­
Mackeld . Hom. L aw, § 245. Bract. fo1. 28b. son. Upon application for probate of a du­
plicate will, both copies must be deposited in
DUPLA. In the civil law. Double the
the registry of the COllrt of probate.
price of a thing. Dig. 21. 2. 2.
DUPLICATIO. In the civil law. Tile
DUPLEX QUERELA. Double com­
defendant's answer to the plaintiff's replica­
plaint. An ecclesiastical proceeding. which
tion ; corresponding to the rejoinder of the
is in the nature of an appeal from a n ordi­
common law.
nary's refusal to institute, to his next im­
Duplicationem possihilitatis lex non
mediate superior ; as from a bishop to the
archbishop. If the superior adjudges t.he patitur. The law does not allow the doubling E
cause of refusal to be i nsuUlcient, he will of a possibility. 1 Rolle, 321.
grant i nslltution to the appellant. Pb ill i m . DUPLICATUM JUS. Double rig llt .
Eel;. Law, 440. Bract. fol. 283b. See DROIT-DROIT.
In
F
DUPLEX VALOR MARITAGII. DUPLICITY. The technical fault, in
old English law. Double the value of the pleading, of uniting two or more causes of
marriage. Wbile an i nfant was in ward. the a ctioni n one count in a wri&, or two 01' more
guardian had I.he power of tendering him or grounds of defense in one plea, or two or
her a su i ta ble match, without disparage­ more breaclJes in a replication. G
ment, which if the infants refused, they for­
feitt'd the value of the marriilge to their DUPLY, n. (From Lat. a-ltpittatio, g . •. )
guardian, that is. so much as a jury would In Scotch pleadi ng. Tbe defendant's answer
to the pl ai n tiff' s replication.
assess OJ" any one would give to the guardian
)
for such an alliance; and, if the infants mar­ DUPLY, v. In Scotch plead i ng. To re-
H
ried themselves without the guardian's con­ Jom. "It is duplyed by the panel. " 3 State
lent. they forfeitf'd dOllble the value of the Trials. 471.
marringe. 2 JJJ. Com ill . 70; Lilt. § 110; Co.
Lilt. 82b. DURANTE. Lat. During . A word of
lim itat io n in old conveyallces. Co. Lilt. 2B-:1b.
DUPLICATE. W'hen two written docu­ Durante viciuitate. du ring widowhood. Du­
ments are substantially alike, so that each rante 'virginitate. during virg i n i&y. Dun�nte
might be a copy or transcript from the other, 'Vita. during life.
wllile both stand on the same footing as
DURANTE ABSENTIA. During ab­ J
o rigi nal instruLll ents, t hey are called "d upl i­
cates . " .Agreements. deeds. and other docu­ sence. In some jurisdictions, ad ministration
of a c1ecedent's estate is said to be grant�d du,..
ments are frequently executf'd in duplicate,
1'ante a.bsentia in cases where the absence of
in order that each party may ha ve an orig­
inal i n bis possession. the prop...r propoo{'nts of the w ill, or of a n K
executor, delays or imperils the settle m e n L of
A duplicate is sometimes defined to be the
"copy" of a thing; but, though generally a cOPY. a. the estate.
duplica.te differs from a. mere cOP:", in baving all
DURANTE BENE PLACITO. Dur·
the ,'aUdity of an originaL Nor. it seems, need it
be an exact cooy. Defioed also to be the "counter­
part" of an instrument; but in indentures there is
ing good pleasure. 'fhe ancient tenure of
English j udges W"18 dUTante bene placito. 1
l
a distinction. between COll11ttel'pffiu executed by BI. Comm. 267, 342.
the several parties respectively, each party affix­
ing his or her seal to on ly one counterpart, and DURANTE MINORE lETATE. Dur­
dU1lticate ortgtnn/,s, each executed by all the par­
ing minority. 2 Bl. Comm. 503; 5 Coke, 2�,
ties. 7 Man. & G. 91. note. Tbe old indentures,
cha.rters, or chi rog!'apbs seem to ha.ve had the 30. 'Vords taken from tile old form oC let­
M
cbaracter of duplicates. Burrill. ters of administration. 5 Coke, ubi 8 u llra.
A M . DICT. LAW-26
 DURANTE VIDUITATE 402 DUTY

D U R A N T E VIDUITATE. During .t 7 'V m. IV. c. 19. vested it as a separate

widowhood. 2 Bl. Comm. 124. DU1"ante franchise and royalty in t h e crown. The ju­
casta viduitate, during chaste widowhood. risdiction of Lhe Dur ham court of pleas was
10 Eas t, 520. transferred to the supreme co ur t of judica­
ture. by the j udicature act of 1873.
DURBAR. In India. A court, audience.
or levee. Mozlel. & Whitley. DURSLEY. In old E nglish law. Blows
wiLhout wounding or bloodshed i dry blows.
DURESS, 'D. To su bj ect to duress. A Blouut.
word used by Lord Bacon. "If the party
du.1'essed do make any motion," etc. Bae. DUSTUCX. A term used in Hi nd ostan
Max. 89, reg. 22. for a passport, per mi t, or order from the En­
glis h East Indian Company. It generally
DURESS, n. Unlawful constraint exer­ meant a permit under t.heir st-al, exempt.ing
cised upon a m an wbereby he is forced to d o goods from Lhe pttYllle llt of d uti es . Ene.
some act against his will. It may be either LonG..
" d u ress of i mpris o n ment. " wbere the persoll
DUTCH AUCTION. A method of sale
is d epri v ed of bis liberty in order to force him
by auctioll which consists in the p u llli c offer
to compliance, or by violence. beating. or
of Lhe property at a price beyond its value.
ollieI' actual injury. or duress pel' minas,
and then gradually lowering the price until
cons i sting in threats of imprisonment or
some one becomes the purchaser. 2H Ohio
great physical injury or death. Duress may
also include the same inj uries. threa t s. or
St. 482.
restrai nt exercised upon the man's wife, child. DUTIES. In its most usual signification
or parent. this word is the synonym of imposts or eus·
Duress consists in any illegal i mprison­ toms; but it is someU mes used in a broader
ment, or legal imprisonment used for an ille­ sense, as i n cl ud i ng all manner of taxes,
gal purpose, or threats of bodily or other charges, or governmental impositions.
harm, or other means amounting to or tend­
ing t o coerce the will of another, and actu­ DUTY. In its use in j urisprudence. this

sHy i n d ucin g him to do an act contrary to word is the correlative of right. T h u s.

his fr.e will. Code Ga. 1882, § 2637. wlJerever t h ere exists a right in any person,

By duress, in its morc extended sense, is meant there also rests a corresponding duty upon
�bat degree of severity, eitber threatened or im­ some other person or upon all persons gener­
pending or actually infLicted, which is sufficient to ally. But it is als o used, i n a wider sense,
Jvercome the mind and will of a. porson of ordina­
to designate that class of moral ob\igntiolls
ry firmness. Duress pet· minas is restricted to
fear of loss of life, or of mayhem, or loss of limb,
which lie outside the j ural sphere; SUCh,
or other remed-iless harm to the person. 89 Me. namely, as rest upon an imperative ethical
5;;9 . basis, but have not been recognized by the

DURESS OF IMPRISONMENT. law as within its proper province for pur·

The wrongful imprisonment of a person, or poses of enforcement or redress. Thus,

the illegal restraint of his liberty, i n oruer to gratiLude towards a benefactor is a duty. but

compel him to do some act. 1 TIl. Comm. its refusal ... iIl not ground an action.
, In
130, 131, 136, 137; 1 Stepb. Comm. 137; 2 this mea.ning " d l lty" is the eqU ivalent of
" moral obligation, " as distinguished from a
Kent, Comm. 453.
" legal olllig<lLion."
DURESS PER MINAS. Du res. by As a te chn ica l term of the law, "duty"
threats. The use of threats and menacf'S to signiOes a thing d ue ; that wilich is due from
compel a person, by the fear of dt!atlJ, o r a pers o n j that \Vhieha prrson owes to anoth­
grievo ll s boliily harm, a s mayhem or loss of er. An obli gation to do a t.h i n g . A word
lirub, to do soma lawful act, or to comm i t a of more extensive significati on than "debt,"
misdemeanor. 1 Bl. Comm. 130; 4 BI. although both are expressed by the saroe
COffim. 30; 4 Steph. Comm. 83. See METUS. Latin word "debitum. " 26 vt. 725, 733.
B u t in practice it is commonly reserved as
DURESSOR. O n e who subjects another
the designat. ion of thosA obi igations of per­
to duress; one who compels another to do a
formance, care, or observance which rest up­
thing, as by menRCf'. Hac. Max. 90, reg. 22.
on a person i n an official or fid uciary capac·
DURHAM. A county p.latine in Eng­ ity; as the duty of an executor, trustee, man­
land, the jurisdiction of wbich was vested ager, etc.
in the Bishop of D UI'bam until t he statute 6 It also denotes a tax or impost due to the
 DUUMVIRI 403 DYVOUH ' S ILI.BIT

�overnmellt upon the importation or expor­ manner in which he received the injuries of
tation of goods. which he ls dying. or other immediate Cllnse
of his death, and in reference to tbe person
DUUMVIRI. (From duo, two, and viri.
who infl icted sti ch injl1ries or tile connection
men.) A general appellation among the an­
with snch inj urias of a person who is charged
cient Romans, given to any magistrates
or suspected of having committed them j
electf>d in pairs to fill any office. or perform
which statements are admissible in evidt'nce
any function. Brande.
i n a trial for homicide where the killing of
Duum1)iri municipales were two annual
the declarant is tht3 crime charged to the de­
magistrates in tbe towns and colonies. bay
fendant.
log judicial powers. Calvin .
DuumDi1'i navales were otlicers appointed DYING WITHOUT ISSUE. At com­
to man, equip, and refit the navy. Id. mon law this phrase imports an indefinite­
faUure of issue. and not a dying without iSSU6
DUX. In Roman law. A leader or surviving at the time of the death of the first
military commander. The commander of an taker. But this rule has been changed in
army. Dig. 3, 2, 2, pro SOlUe of the states, by statute or deCisions,
In fe u d a l and old European law. and in England by St. 7 W m . IV., and 1
Duke; a t.itle of honor. or order of nobility. Vict. c. 25, § 29.

E
1 BI. Comm. 397 ; Crabb, Eng. Law. 236. The words "die without issue, " and "die with-
In later law. A m i litary governor o f 8 out leaving issue, II in a. devise of real esta.te, lm­
port an indefinite failure ot issue, and not tIle fail-
province. See Cod. 1. 27. 2. A m l l itary
ure of issue at the death of the first taker, And
officer having chi1rge of the borders or fron­ no distinction is to be made between the words
tiers oftheempil'e, called "dux limitis. " Cod. "without issue" and " without lea.ving issue, " 32
1, 49, 1, Pl'. At this period, tbe word began to Ba.rb. 828 ; 20 How, PI' 41; 3 Port. 69; 6 Port. 3l9.
In Conn ecticut, it has been repeatedly held that
F
be used as a ti tle of bonor or dignity.
the expression "dying without issue, " and like ex­
preSSions, have reference to the time of the death
DWELL. To have an abode; to inhabit;
of the party, and not to an indefinite failure o f is-
to li ve in a pl ace.

G
sue. 84 Me. 176.
Dying without children imports not a. failn re of
DWELLING-HOUSE. The house in
issue at any indefinite future period, but & leaving
which a man liYes with bis family; a resi­ no children at the death of the legatee. 18 N. J.
dence; the apartment or bUilding, or group Eq. 105.
of buildings, occupied by a family as a place

H
D Y K E- R E E D, or DYKE-REEVE.
of residence.
An omeer who has the care and oversight ot
In conveyancing. Includes all buildings th e dykes and d1'ains in fenny counties,
attached to or connected with the house. 2
Hil. Real Prop. 338, and note. DYSNOMY. Bad legislation j the enact.­
ment of bad laws,
In the law of burglary. A hOllse in
which the occupier and his family usually re­ DYSPEPSIA. A. state of the stomach i n
side, or, in other words, dwell and lip. in. which i ts funcLions are disturbed, withollt
Wbart. Crim. Law, 357. the presence of other diseases, or when, if
other diseases are presen t, they are of minor

j
DWELLING-PLACE. This term i. not
importance. Dungl. Med. Dict.
Bynonymous with a " place of pauper settle­
ment.n 49 N. H. 553. DYVOUR_ In Scotch law. A bankmpt.
Dwelli ng-place, or home, means some per­
DYVOUR'S HABIT. In ScotCh law.
manent abode or residence, with intention to
A babit which debtors who are set fret! on a
I(
remain; and is not synonymous with " domi­
cessio bonorum, are oul iged to weal', uultss
cile," as used in international law, bnt has
in the summons and process of cessiu it be
8 more limited and restricted meaning. 19
libeled, sustained, and proved that the bank­
Me. 293.
ruptcy proceeds from misfortune. And bank­

l
DYIN G DECLARATIONS. State· fupts are condemnrd to submit to the habit,
ments made by a person who i s lying at the even where no suspicion of fraud lies against
poi nt of death, and is conscious of his ap­ them, if they have been dealers in an illicit
proaching dissol ution. in reference to the trade. Ersk_ Prin. 4, 3, 13.