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D. The fourth letter of the English al­phabet. It is used as an abbreviation for a number of words, the more important and usual of which are as follows:
1.Digestum, or Digesta, that is, the Di­gest or Pandects in the Justinian collections of the civil law. Citations to this work are sometimes indicated by this abbreviation, but more commonly by "Dig."
2.Dictum. A remark or observation, as In the phrase "obiter dictum," (q. v.)
3. DemiS8ione. "On the demise." An ac­
tion of ejectment is entitled "Doe d. Stiles
v. Roe;" that is, "Doe, on the demise of
Stiles, against Roe."
4."Doctor." As in the abbreviated forms ©f certain academical degrees. "M. D.," "doctor of medicine;" LL.D.," "doctor of laws;" "D. C. L.," "doctor of civil law."
5."District." Thus, "U. S. Or. Ct W. D. Pa." stands for "United States Circuit Court for the Western District of Pennsyl­vania."
6."Dialogue" Used only in citations to the work called "Doctor and Student."
D. In the Roman system of notation, this letter stands for five hundred; and, when a horizontal dash or stroke is placed above it, it denotes five thousand.
D. B. E. An abbreviation for de bene esse, (g. v.)
D. B. N. An abbreviation for de bonis non; descriptive of a species of administration.
D. C. An abbreviation standing either for "District Court," or "District of Columbia."
D. E. R. I. O. An abbreviation used for De ea re ita censnere, (concerning that matter have so decreed,) in recording the decrees of the Roman senate. Tayl. Civil Law, 564, 566.
D. J. An abbreviation for "District Judge."
D. P. An abbreviation for Domus Proce-rum, the house of lords.
D. S. An abbreviation for "Deputy Shei> Iff."
D. S. B. An abbreviation for debitum sine ttrevi, or debit sans breve.
Da tua dnm tua sunt, post mortem tunc tua non rant. 3 Bulst. 18. Give the things which are yours whilst they are yours; after death they are not yours.
DABIS? DABO. Lat (Will you give? I will give.) In the Roman law. One of the forms of making a verbal stipulation. Inst 3, 15, 1; Bract foL 156.
DACION. In Spanish law. The real and effective delivery of an object In the execu­tion of a contract
DAGGE. A kind of gun. 1 How. State Tr. 1124, 1125.
DAGUS, or DAIS. The raised floor at the upper end of a hall.
DAILY. Every day; every day in the week; every day in the week except one. A newspaper which is published six days in each week Is a "daily" newspaper. Richard­son v. Tobin, 45 Cal. 30; Tribune Pub. Co. v. Duluth, 45 Minn. 27, 47 N. W. 309; King­man v. Waugh, 139 Mo. 360, 40 S. W. 884.
DAKER, or DIKER. Ten hides. Blount
DALE and SALE. Fictitious names of places, used in the English books, as exam­ples. "The manor of Dale and the manor of Sale, lying both In Vale."
DALITS, DAILUS, DAILIA. A certain measure of land; such narrow slips of pas­ture as are left 'between the plowed furrows in arable land. CowelL
DAM. A construction of wood, stone, or other materials, made across a stream for the purpose of penning back the waters.
This word\ is used in two different senses. It properly means the work or structure, raised to obstruct the flow of the water in a river; but, by a well-settled usage, it is often applied to designate the pond of water creat­ed by this obstruction. Burnham v. Kemp-ton, 44 N. H. 89; Colwell v. Water Power Co., 19 N. J. Eq. 248; Mining Co. v. Han­cock, 101 Cal. 42, 31 Pac 112.
DAMAGE. Loss, injury, or deteriora­tion, caused by the negligence, design, or ac­cident of one person to another, in respect of the latter's person or property. The word is to be distinguished from its plural,—"dam­ages,"—which means a compensation in mon­ey for a loss or damage.
An injury produces a right in them who have suffered any damage by it to demand reparation of such damage from the authors of the injury. By damage, we understand every loss or dimi­nution of what is a man's own, occasioned by the fault of another. 1 Ruth. Inst. 399.
—Damage-cleer. A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen's bench and exchequer, out of all 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 prothonotary or the officer of the court wherein he recovered, before he could have ex­ecution for the damages. This was originally a gratuity given to the prothonotaries and their clerks for drawing special writs and pleadings; but it was taken away by statute, since which, if any officer in these courts took any money in the name of damage-cleer, or anything in lieu thereof, he forfeited treble the value. Wharton. —Damage feasant or faisant. Doing dam­age. A term applied to a person's cattle or beasts found upon another's land, doing dam­age by treading down the grass, grain, etc. 3 Bl. Comm. 7, 211; Tomlins. This phrase seems to have been introduced in the reign of Edward III., in place of the older expression "en son damage,," (in damno suo.) Crabb, Eng. Daw, 292.—Damaged goods. Goods, subject to du­ties, which have received some injury either in the voyage home or while bonded in warehouse.
DAMAGES. A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. Scott v. Donald, 165 U. S. 58, 17 Sup. Ct. 265, 41 L. Ed. 632; Crane v. Peer, 43 N. J. Eq. 553, 4 Atl. 72; Cincinnati v. Hafer, 49 Ohio St 60, 30 N. E. 197; Wainscott v. Loan Ass'n, 98 Gal. 253, 33 Pac. 88; Carvill v. Jacks, 43 Ark. 449; Collins v. Railroad Co., 9 Heisk. (Tenn.) 850; New York v. Lord, 17 Wend. (N. Y.) 293; O'Connor v. Dils, 43 W. Va. 54, 26 S. E. 354.
A sum of money assessed by a jury, on finding for the plaintiff or successful party in an action, as a compensation for the in­jury done him by the opposite party. 2 Bl. Comm. 438; Co. Litt. 257a; 2 Tidd, Pr. 869, 870.
Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compen­sation therefor in money, which is called "damages." Civ. Code Cal. § 3281; Civ. Code Dak. § 1940.
In the ancient usage, the word "damages" was employed in two significations. According to Coke, its proper and general sense included the costs of suit, while its strict or relative sense was exclusive of costs. 10 Coke, 116, 117; Go. Litt 257a; 9 East, 299. The latter meaning has alone survived.
Classification. Damages are either gen­eral or special. General damages are such as the law itself implies or presumes to have ac­crued from the wrong complained of, for the reason that they are its immediate, direct, and proximate result or such as necessarily result from the injury, or such as did in fact result from the wrong, directly and proximately, and without reference to the special character, con­dition, or circumstances of the plaintiff. Mood v. Telegraph Co., 40 S. C. 524, 19 S. E. 67; Manufacturing Co. v. Gridley, 28 Conn. 212; Irrigation Co. v. Canal Co., 23 Utah, 199, 63 Pac. 812; Smith v. Railway Co., 30 Minn. 169, 14 N W. 797; Loftus v. Bennett, 68 App. Div. 128. 74 N. Y. Supp. 290. Special damages are those which are the actual, but not the neces­sary, result of the injury complained of, and which in fact follow it as a natural and proxi­mate consequence in the particular case, that is,
by reason of special circumstances or conditions. Hence general damages are such as might ac­crue to any person similarly injured, while spe­cial damages are such as did in fact accrue to the particular individual by reason of the par­ticular circumstances of the case. Wallace v. Ah Sam, 71 Cal. 197, 12 Pac. 46, 60 Am. Rep. 534; Manufacturing Co. v. Gridley, 28 Conn. 212; Lawrence v. Porter, 63 Fed. 62, 11 C. C. A. 27, 26 L. R. A. 167; Roberts v. Graham, 6 Wall. 579, 18 L. Ed. 791; Fry v. McCord, 95 Tenn. 678, 33 S. W. 568.
Direct and consequential. Direct dam­ages are such as follow immediately upon the act done; while consequential damages are the necessary and connected effect of the wrongful act, flowing from some of its consequences or results, though to some extent depending on oth­er circumstances. Civ. Code Ga. 1890, $ 3911; Pearson v. Spartanburg County, 51 S. C. 480, 29 S. E. 193; Eaton v. Railroad Co., 51 N. H. 504, 12 Am. Rep. 147.
Liquidated and unliquidated. The for­mer term is applicable when the amount of the damages has been ascertained by the judgment in the action, or when a specific sum of money has been expressly stipulated by the parties to a bond or other contract as the amount of dam­ages to be recovered by either party for a breach of the agreement by the other. Watts v. Shep-pard, 2 Ala. 445; Smith v. Smith, 4 Wend. (N. Y) 470; Keeble v. Keeble, 85 Ala. 552, 5 South. 149; Eakin v. Scott, 70 Tex. 442, 7 S. W. 777. Unliquidated damages are such as are not yet reduced to a certainty in respect of amount, nothing more being established than the plaintiff's right to recover; or such as can­not be fixed by a mere mathematical calculation from ascertained data in the case. Cox v. Mc­Laughlin, 76 Cal. 60, 18 Pac. 100, 9 Am. St Rep. 164.
Nominal and substantial. Nominal dam­ages are a trifling sum awarded to a plaintiff in an action, where there is no substantial loss or injury to be compensated, but still the law recognizes a technical invasion of his rights or a breach of the defendant's duty, or in cases where, although there has been a real injury, the plaintiffs evidence entirely fails to show its amount. Maher v. Wilson, 139 Cal. 514, 73 Pac. 418; Stanton v. Railroad Co., 59 Conn. 272, 22 Atl. 300, 21 Am. St. Rep. 110; Sprin­ger v. Fuel Co., 196 Pa. 156, 46 Atl. 370; Tele­graph Co. v. Lawson, 66 Kan. 660, 72 Pac. 283; Railroad Co. v. Watson, 37 Kan. 773, 15 Pac. 877. Substantial damages are considerable in amount, and intended as a real compensation for a real injury.
Compensatory and exemplary. Compen­satory damages are such as will compensate the injured party for the injury sustained, and nothing more; such as will simply make good or replace the loss caused by the wrong or in­jury. McKnight v. Denny, 198 Pa. 323, 47 Atl. 970; Reid v. Terwilliger, 116 N. Y. 530, 22 N. E. 1091; Monongahela Nav. Co. v. U. S., 148 U. S. 312, 13 Sup. Ot 622, 37 L. Ed. 463; Wade v. Power Co., 51 S. C. 296, 29 S. E. 233, 64 Am. St. Rep. 676; Gatzow v. Buening, 106 Wis. 1, 81 N. W. 1003, 49 L. R. A. 475, 80 Am. St. Rep. 1. Exemplary damages are damages on an increased scale, awarded to the plaintiff over and above what will barely compensate him for his property loss, where the wrong done to him was aggravated by circumstances of vio­lence, oppression, malice, fraud, or wanton and wicked conduct on the part of the defendant and are intended to solace the plaintiff for men­tal anguish, laceration of his feelings, shame, degradation, or other aggravations of the orig­inal wrong, or else to punish the defendant for his evil behavior or to make an example of him, for which reason they are also called "puni­tive" or "punitory" damages or "vindictive" damages, and (vulgarly) "smart-money." Reid

v. Terwilliger, 116 N. T. 530, 22 N. E. 1091; Springer v. Fuel Co., 196 Pa. St. 156, 46 Atl. 370; Scott v. Donald, 165 U. S. 58, 17 Sup. et. 265, 41 L, Ed. 632; Gillingham v. Railroad Co., 35 W. Va. 588, 14 S. E 243, 14 L. R. A. 798, 29 Am. St. Rep. 827; Boydan v. Habers-tumpf, 129 Mich. 137, 88 N. W. 386; Oliver v. Railroad Co., 65 S. C. 1, 43 S. B. 307; Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 366.
Proximate and remote. Proximate dam­ages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expect­ed. Remote damages are those attributable im­mediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have oc­curred if its elements had not been set in mo­tion by the original act or event. Henry v. Railroad Co., 50 Cal. 183; Kuhn v. Jewett, 32 N. J. En. 649; Pielke v. Railroad Co., 5 Dak. 444, 41 N. W. 669. The terms "remote dam­ages" and "consequential damages" are not syn­onymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton v. Railroad Co., 51 N. H. 511, 12 Am. Rep. 147.
Other componnd and descriptive terms. —Actual damages are real, substantial and just damages, or the amount awarded to a complainant in compensation for his actual and real loss or injury, as opposed on the one hand to "nominal" damages, and on the other to "ex­emplary" or "punitive" damages. Ross v. Leg-gett, 61 Mich. 445. 28 N. W. 695, 1 Am. St Rep. 608; Lord v. Wood, 120 Iowa, 303, 94 N. W. 842; Western Union Tel. Co. v. Law-son, 66 Kan. 660, 72 Pac. 283; Field v. Mun-ster, 11 Tex. Civ. App. 341, 32 S. W. 417; Oliver v. Columbia, etc., R. Go., 65 S. C. 1, 43 S. EL 307; Gatzow v. Buening, 106 Wis. 1, 81 N. W. 1003, 49 L. R. A. 475, 80 Am. St. Rep 1; Osborn v. Leach, 135 N. C. 628 47 S. E. 811, 66 L. R. A. 648; Gen. St. Minn. 1894, § 5418.—Affirmative damages. In ad­miralty law, affirmative damages are damages which a respondent in a libel for injuries to a vessel may recover, which may be in excess of any amount which the libellant would be en­titled to claim. Ebert v. The Reuben Doud (D. G) 3 Fed. 520—Civil damages. Those awarded against a liquor-seller to the relative, guardian, or employer of the person to whom the sales were made, on a showing that the plaintiff has been thereby injured in person,
groperty, or means of support. Headington v. mith, 113 Iowa, 107, 84 N. W. 982.—Contin­gent damages. Where a demurrer has been filed to one or more counts in a declaration, and its consideration is postponed, and meanwhile other counts in the same declaration, not de­murred to, are taken as issues, and tried, and damages awarded upon them, such damages are called "contingent damages."—Continuing damages are such as accrue from the same injury, or from the repetition of similar acts, between two specified periods of time.—Double damages. Twice the amount of actual dam­ages as found by the verdict of a jury allowed by statute in some cases of injuries by negli-
fence, fraud, or trespass. Cross v. United tates. 6 Fed. Cas. 892; Daniel v. Vaccaro, 41 Ark. 329.—Excessive damages. Damages awarded by a jury which are grossly in excess of the amount warranted by law on the facts and circumstances of the case; unreasonable or outrageous damages. A verdict giving exces­sive damages is ground for a new trial. Tay­lor v. Giger, Hardin (Ky.) 587; Harvesting Mach. 'Co. v. Gray, 314 Ind. 340, 16 N. E. 787. —Fee damages. Damages sustained by and awarded to an abutting owner of real property occasioned by the construction and operation of an elevated railroad in a city street, are so
called, because compensation is made to th« owner for the injury to, or deprivation of, his easements of light, air, and access, and these are parts of the fee. Dode v. Railway Co., 70 Hun, 374, 24 N. Y. Stipp. 422; People v. Bar­ker, 165 N. Y. 305, 59 N. E. 151.—Inadequate damages. Damages are called "inadequate," within the rule that an injunction will not be granted where adequate damages at law could be recovered for the injury sought to be pre­vented, when such a recovery at law would not compensate the parties and place them in the position in which they formerly stood. In­surance Co. v. Bonner, 7 Colo. App. 97, 42 Pac. 681.—Imaginary damages. This term is sometimes used as equivalent to "exemplary," "vindictive," or "punitive" damages. Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 366.—Intervening damages. Such damages to an appellee as result from the delay caused by the appeal. McGregor v. Balch, 17 Vt. 568; Peasely v. Buckminster, 1 Tyler (Vt.) 267; Roberts v. Warner, 17 Vt. 46, 42 Am. Dec. 478. —Land damages. A term sometimes applied to the amount of compensation to b,e paid for land taken under the power of eminent domain or for injury to, or depreciation of, land ad­joining that taken. People v. Hilts, 27 Misc. Rep. 290, 58 N. Y. Supp. 434; In re Lent, 47 App. Div. 349, 62 N. Y. Supp. 227.—Necessary damages. A term said to be of much wider scope in the law of damages than "pecuniary." It embraces all those consequences of an injury usually denominated "general" damages, as dis­tinguished from special damages; whereas the phrase "pecuniary damages" covers a smaller class of damages within the larger class of "general" damages. Browning v. Wabash Wes­tern R. Co. (Mo.) 24 S. W. 746.—Pecuniary damages. Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but all such loss, deprivation, or injury as can be made the subject of calculation and of recompense in money. Walker v. McNeill, 17 Wash 582, 50 Pac. 518; Searle v. Railroad Co., 32 W. Va. 370, 9 S. E. 248; Mclntyre v. Railroad Co., 37 N. Y. 295; Davidson Benedict Co. v. Severson, 109 Tenn. 572, 72 S. W. 967.—Pre­sumptive damages. A term occasionally used as the equivalent of "exemplary" or "pun­itive" damages. Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 366.—Prospec­tive damages. Damages which are expected to follow from the act or state of facts made the basis of a plaintiffs suit; damages which. have not yet accrued, at the time of the trial, but which, in the nature of things, must neces­sarily, or most probably, result from the acts or facts complained of.—Speculative dam­ages. Prospective or anticipated damages from the same acts or facts constituting the present cause of action, but which depend upon future developments which are contingent, conjectural, or improbable.—Damages ultra. Additional damages claimed by a plaintiff not satisfied with those paid into court by the defendant.
DAMAIOUSE. In old English law. Causing damage or loss, as distinguished from torcenouse, wrongful. Britt. c. 61.
DAME. In English law. The legal des­ignation of the wife of a knight or baronet.
DAMNA. Damages, both Inclusive and exclusive of costs.
DAMNATUS. In old English law. Con­demned ; prohibited by law ; unlawful. Dam-natus coitus, an unlawful connection.
DAMNI INJURIA ACTIO. An action given by the civil law for the damage done


by one who intentionally injured the slave or beast of another. Calvin.
DAMNIFICATION. That which causes damage or loss.
DAMNIFY. To cause damage or inju­rious loss to a person or put him in a posi­tion where he must sustain it. A surety is "damnified" when a judgment has been ob­tained against him. McLean v. Bank, 16 Fed. Cas. 278.
DAMNOSA H^JREDITAS. In the civil law. A losing inheritance; an inheritance that was a charge, instead of a benefit. Dig. 50, 16, 119.
The term has also been applied to that species of property of a bankrupt which, so far from being valuable, would be a ctiarge to the creditors; for example, a term of years where the rent would exceed the revenue. 7 East, 342; 3 Camp. 340; 1 Esp. N. P. 234; Provident L. & Trust Co. v. Fidelity, etc., Co., 203 Pa. 82, 52 Atl. 34.
DAMNUM. Lat In the civil law.
Damage; the loss or diminution of what Is a man's own, either by fraud, carelessness, or accident.
In pleading and old English law. Dam­age; loss.
—Damnum fatale. Fatal damage; damage from fate; loss happening from a cause beyond human control, (quod ex fato contingit,) or an act of God, and for which bailees are not lia­ble ; such as shipwreck, lightning, and the like. Dig. 4, 9, 3, 1; Story, Bailm. % 465. The civ­ilians included in the phrase "damnum fatale" all those accidents which are summed up in the common-law expression, "Act of God or public enemies;" though, perhaps, it embraced some which would not now be admitted as occurring from an irresistible force. Thickstun v. How­ard, 8 Blackf. (Ind.) 535.—Damnum infec-tnm. In Roman law. Damage not yet com­mitted, but threatened or impending. A pre­ventive interdict might be obtained to prevent such damage from happening; and it was treat­ed as a quasi-delict, because of the imminence of the danger.—Damnum rei amissse. In the civil law. A loss arising from a payment made by a party in consequence of an error of law. Mackeld. Bom. Law, § 178.
DAMNUM ABSQUE INJURIA. Loss, hurt, or harm without Injury in the legal sense, that is, without such an invasion of rights as is redressible by an action. A loss which does not give rise to an action of damages against the person causing it; as where a person blocks up the windows of a new house overlooking his land, or injures a person's trade by setting up an establish­ment of the same kind in the neighborhood. Broom, Com. Law, 75; Marbury v. Madison, 1 Cranch, 164, 2 L. Ed. 60; West Virginia Transp. Co. v. Standard Oil Co., 50 W. Va. 611, 40 S. E. 591, 56 L R. A. 804, 88 Am. St. Rep. 895; Irwin v. Askew, 74 Ga. 581; Chase v. Silverstone, 62 Me. 175, 16 Am. Rep.
419; Lumber Co. v. U. S., 69 Fed. 326, 16 C. C. A. 460.
Damnum sine injuria esse potest.
Lofft, 112. There may be damage or injury inflicted without any act of injustice.
DAN. Anciently the better sort of men In England had this title; so the Spanish Don. The old term of honor for men, as we now say Master or Mister. Wharton.
DANEGEET, DANEGEI.D. A tribute of Is. and afterwards of 2s. upon every hide of land through the realm, levied by the An­glo-Saxons, for maintaining such a number of forces as were thought sufficient to clear the British seas of Danish pirates, who great­ly annoyed their coasts. It continued a tax until the time of Stephen, and was one of the rights of the crown. Wharton.
DANELAGE. A system of laws intro­duced by the Danes on their invasion and conquest of England, and which was prin­cipally maintained in some of the midland counties, and also on the eastern coast. 1 Bl. Comm. 65; 4 Bl. Comm. 411; 1 Steph. Comm. 42.
DANGER. Jeopardy; exposure to loss or injury; peril. U. S. v. Mays, 1 Idaho, 770.
—Dangers of navigation. The same as "dangers of the sea" or "perils of the sea." See infra.—Dangers of the river. This phrase, as used in bills of lading, means only the natu­ral accidents incident to river navigation, and does not embrace such as may be avoided by* the exercise of that skill, judgment, or fore­sight which are demanded from persons in a particular occupation. 35 Mo. 213. It in­cludes dangers arising from unknown reefs which have suddenly formed in the channel, and are not discoverable by care and skill. Hill v. Sturgeon, 35 Mo. 213, 86 Am. Dec. 149; Gar­rison v. Insurance Co., 19 How. 312, 15 L. Ed. 656; Hibernia Ins. Co. v. Transp. Co., 120 U. S. 166, 7 Sup. Ct. 550, 30 L. Ed. 621; John­son v. Friar, 4 Yerg. 48, 26 Am. Dec. 215.— Dangers of the road. This phrase, in a bill of lading, when it refers to inland transporta­tion, means such dangers as are immediately caused by roads, as the overturning of carriages in rough and precipitous places. 7 Exch. 743. —Dangers of the sea. The expression "dan­gers of the sea" means those accidents peculiar to navigation that are of an extraordinary na­ture, or arise from irresistible force or over­whelming power, which cannot be guarded against by the ordinary exertions of human skill and prudence. Walker v. Western Transp. Co., 3 Wall. 150, 18 L. Ed. 172; The Ports­mouth, 9 Wall. 682, 19 L. Ed. 754; Hibernia Ins. Co. v. Transp. Co., 120 U. S. 166, 7 Sup. Ct. 550, 30 L. Ed. 621; Hill v. Sturgeon, 28 Mo. 327.
DANGERIA. In old English law. A money payment made by forest-tenants, that they might have liberty to plow and sow in time of pannage, or mast feeding.
DANGEROUS WEAPON. One danger­ous to life; one by the use of which a fatal wound may probably or possibly be given.


As the manner of use enters Into the con­sideration as well as other circumstances, the question Is for the jury. U. S. v. Reeves, (C. C.) 38 Fed. 404; State v. Hammond, 14 S. D. 545, 86 N. W. 627; State v. Lynch, 88 Me. 195, 33 Atl. 978; State v. Scott, 39 La. Ann. 943, 3 South. 83.
DANISM. The act of lending money on usury.
DANO. In Spanish law. Damage; the deterioration, injury, or destruction which a man suffers with respect to his person or his property by the fault (culpa) of another. White, New Recop. b. 2, tit. 19, c. 3, { 1.
Dans et retinens, nihil dat. One who
gives and yet retains does not give effectual­ly. Tray. Lat Max. 129. Or, one who gives, yet retains, [possession,] gives nothing.
DAPIFER. A steward either of a king or lord. Spelman.
DARE. Lat. In the civil law. To trans­fer property. When this transfer is made in order to discharge a debt, it is datio sol-vend* animo; when in order to receive an equivalent, to create an obligation, it is da­tio contrahendi animo; lastly, when made donandi animo, from mere liberality, It Is a gift, dono datio.
DARE AD REMANENTIAM. To give away in fee, or forever.
DARRAIGN. To clear a legal account; to answer an accusation; to settle a contro­versy.
DARREIN. L. Fr. Last
—Darrein continuance. The last contin­uance.—Darrein presentment. In old Eng­lish law. The last presentment. See Assise of Dabbein Pbesentment.—Darrein seisin.
Last seisin. A plea which lay in some cases for the tenant in a writ of right. See 1 Rosa Real Act. 206.
DATA. In old practice and conveyancing. The date of a deed; the time when it was given; that is, executed.
Grounds whereon to proceed; facts from which to draw a conclusion.
DATE. The specification or mention, In a written instrument, of the time (day and year) when it was made. Also the time so specified.
That part of a deed or writing which ex­presses the day of the month and year in which it was made or given. 2 Bl. Comm. 304; Tomlins.
The primary signification of date is not time m the abstract, nor time taken absolutely, but time given or specified; time in some way as­certained and fixed. When we speak of the date of a deed, we do not mean the time when it was actually executed, 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 fact, furnished, but rath­er the time given or set down in the account, in connection with such charge. And so 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 claim. Bement v. Manufacturing Co., 32 N. J. Law, 513.
DATE CERTAINE. In French law. A deed is said to have a date certaine (fixed date) when it has been subjected to the for­mality of registration; after this formality has been complied with, the parties to the deed cannot by mutual consent change the date thereof. Arg. Fr. Merc. Law, 555.
DATIO. In the civil law. A giving, or act of giving. Datio in solutum; a giving in payment; a species of accord and satisfac­tion. Called, in modern law, "dation."
DATION. In the civil law. A gift; a giving of something. It is not exactly syn­onymous with "donation," for the latter im­plies generosity or liberality In making a gift, while dation may mean the giving of something to which the recipient is already entitled.
—Dation en paiement. In French law. A giving by the debtor and receipt by the creditor of something in payment of a debt, instead of a sum of money. It is somewhat like the accord and satisfaction of lie common law. 16 Toul-lier, no. 45; Poth. Vente, no. 601.
DATIVE. A word derived from the Ro­man law, signifying "appointed by public authority." Thus, in Scotland, an executor-dative is an executor appointed by a court of justice, corresponding to an English ad­ministrator. Mozley & Whitley.
In old English law. In one's gift; that may be given and disposed of at will and pleasure.
DATUM. A first principle; a thing given; a date.
DATUR DIGNIORI. It is given to the more worthy. 2 Vent 268.
DAUGHTER. An immediate female de­scendant People v. Kaiser, 119 Cal. 456, 51 Pac. 702. May include the issue of a daughter. Buchanan v. Lloyd, 88 Md. 462, 41 Atl. 1075; Jamison v. Hay, 46 Mo. 546. May designate a natural or illegitimate fe­male child. State v. Laurence, 95 N. C. 659.
DAUGHTER-IN-LAW. The wife of one's son.
DAUPHIN. In French law. The title of the eldest sons of the kings of France. Disused since 1830.
DAY. 1. A period of time consisting of twenty-four hours and including the solar


day and the night Co. Litt. 135a; Fox v. Abel, 2 Conn. 541.
2.The space of time which elapses be­tween two successive midnights. 2 Bl. Comm. 141; Henderson v. Reynolds, 84 Ga. 159, 10 S. B. 734, 7 L. R. A. 327; State v. Brown, 22 Minn. 483; State v. Michel, 52 La. Ann. 936, 27 South. 565, 49 L. R. A. 218, 78 Am. St. Rep. 364; Benson v. Adams, 69 Ind. 353, 35 Am. Rep. 220; Zimmerman v. Cowan, 107 111. 631, 47 Am. Rep. 476; Pulling v. People, 8 Barb. (N. Y.) 386.
3.That portion of time during which the sun is above the horizon, and, in addition, that part of the morning and evening during which there is sufficient light for the fea­tures of a man to be reasonably discerned. 3 Inst. 63; Nicholls v. State, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870; Trull v. Wilson, 9 Mass. 154; State v. McKnight, 111 N. C. 690, 16 S. E. 319.
4.An artificial period of time, computed from one fixed point to another twenty-four hours later, without any reference to the prevalence of light or darkness. Fuller v. Schroeder, 20 Neb. 631, 31 N. W. 109.
5.The period of time, within the limits of a natural day, set apart either by law or by common usage for the transaction of particu­lar business or the performance of labor; as in banking, in laws regulating the hours of labor, in Contracts for so many "days' work," and the like, the word "day" may signify six, eight, ten, or any number of hours. Hinton v. Locke, 5 Hill (N. Y.) 439; Fay v. Brown, 96 Wis. 434, 71 N. W. 895; Mc-Culsky v. Klosterman, 20 Or. 108, 25 Pac. 366, 10 L. R. A. 785.
6.In practice and pleading. A particular time assigned or given for the appearance of parties in court, the return of writs, etc.
—Astronomical day. The period of twenty-four hours beginning and ending at noon.—Ar­tificial day. The time between the rising and setting of the sun; that is, day or day-time as distinguished from night.—Civil day. The so­lar day, measured by the diurnal revolution of the earth, and denoting the interval of time which elapses between the successive transits of the sun over the same hour circle, so that the "civil day" commences and ends at midnight Pedersen v. Eugster, 14 Fed. 422.—Calendar days. See Calendar.—Clear days. See Clear.—Common day. In old English prac­tice. An ordinary day in court. Cowell; Termes de la Ley.—Day certain. A fixed or appointed day; a specified particular day; a day in term. Regina v. Conyers, 8 Q. B. 991. —Days in bank. (L. Lat dies in banco.) In practice. Certain stated days in term appointed for the appearance of parties, the return of pro­cess, etc., originally peculiar to the court of common pleas, or bench, (bank,) as it waa an­ciently called. 3 Bl. Comm. 277.—Day in court. The time appointed for one whose rights are called judicially in question, or liable to be affected by judicial action, to appear in court and be heard in his own behalf. This phrase, as generally used, means not so much the time appointed for a hearing as the oppor­tunity to present one's claims or rights in a proper forensic hearing before a competent tri-
bunal. See Ferry v. Car Wheel Co., 71 Vt. 457, 45 Atl. 1035, 76 Am. St. Rep. 782.—Days otf grace. A number of days allowed, as a matter of favor or grace, to a person who has to perform some act, or make some payment, after the time originally limited for the purpose has elapsed. In old practice. Three days al­lowed to persons summoned in the English courts, beyond the day named in the writ, to make their appearance; the last day being call­ed the "quarto die post." 3 Bl. Comm. 278. In mercantile law. A certain number of days (generally three) allowed to the maker or ac­ceptor of a bill, draft, or note, in which to make payment after the expiration of the time ex­pressed in the paper itself. Originally these days were granted only as a matter of grace or favor, but the allowance of them became an es­tablished custom of merchants, and was sanc­tioned by the courts, (and in some cases pre­scribed by statute,) so that they are now de-mandable as of right. Perkins v. Bank, 21 Pick. (Mass.) 485; Bell v. Bank, 115 U. S. 373, 6 Sup. Ct. 105, 29 L. Ed. 409; Thomas v. Shoe­maker, 6 Watts & S. (Pa.) 182; Renner v. Bank, 9 Wheat 581, 6 L. Ed. 166.—Day-time. The time during which there is the light of day, as distinguished from night or night-time. That portion of the twenty-four hours during which a man's person and countenance are distinguish­able. Trull v. Wilson, 9 Mass. 154; Rex v. Tandy, 1 Car. & P. 297; Linnen v. Banfield, 114 Mich. 93, 72 N. W. 1. In law, this term is chiefly used in the definition of certain crimes, as to which it is material whether the act was committed by day or by night.—Judicial day. A day on which the court is actually in session. Heffner v. Heffner, 48 La. Ann. 1088, 20 South. 281.—Juridical day. A day proper for the transaction of business in court; one on which the court may lawfully sit, excluding Sundays and some holidays.—Law day. The day pre­scribed in a bond, mortgage, or defeasible deed for payment of the debt secured thereby, or, in default of payment, the forfeiture of the prop­erty mortgaged. But this does not now occur until foreclosure. Ward v. Lord, 100 Ga. 407, 28 S. E. 446; Moore v. Norman, 43 Minn. 428, 45 N. W. 857, 9LR.A. 55, 19 Am. St Rep. 247; Kortright v. Cady, 21 N. Y. 345. 78 Am. Rep. 145.—Legal day. A juridical day. See supra. And see Heffner v. Heffner, 48 La. Ann. 1088, 20 South. 281.—Natural day. Properly the period of twenty-four hours from midnight to midnight Co. Litt. 135; Fox v. Abel, 2 Conn. 541; People v. Hatch, 33 111. 137. Though sometimes taken to mean the "day-time" or time between sunrise and sunset In re Ten Hour Law, 24 R. I. 603, 54 Atl. 602, 61 L. R. A. 612.—Non-judicial day. One on which process cannot ordinarily issue or be served or returned and on which the courts do not ordi­narily sit. Whitney v. Blackburn, 17 Or. 564, 21 Pac. 874, 11 Am. St. Rep. 857. More prop­erly "non-juridical day."—Solar day. A term sometimes used as meaning that portion of the day when the sun is above the horizon, but properly it is the time between two complete (apparent) revolutions of the sun, or between two consecutive positions of the sun over any given terrestrial meridian, and hence, according to the usual method of reckoning, from noon to noon at any given place.
DAT-BOOK. A tradesman's account book; a book in which all the occurrences of the day are set down. It is usually a book of original entries.
DAT-RULE, or DAT-WRIT. In Eng­lish law. A permission granted to a prisoner to go out of prison, for the purpose of trans­acting his business, as to hear a case in


which he is concerned at the assizes, etc Abolished by 5 & 6 Vict. c. 22, § 12.
DAYERIA. A dairy. Cowell.
DAYLIGHT. That portion of time be­fore- sunrise, and after sunset, which is ac­counted part of the day, (as distinguished from night,) in defining the offense of bur­glary. 4 Bl. Oomm. 224; Cro. Jac. 106.
DAYSMAN. An arbitrator, umpire, or elected judge. Cowell.
DAYWERE. In old English law. A term applied to land, and signifying as much ar­able ground as could be plowed up in one day's work. Cowell.
DE. A Latin preposition, signifying of; by; from; out of; affecting; concerning; respecting.
Of (about) acquiring the ownership of things. Dig. 41, 1; Bract lib. 2, fol. 86.
DE ADMENSURATIONE. Of admeas­urement. Thus, de admensuratione dotis was a writ for the admeasurement of dower, and de admensuratione pasturce was a writ for the admeasurement of pasture.
DE ADVISAMENTO CONS1XII NOS-TRI. L, Lat With or by the advice of our council. A phrase used in the old writs of summons to parliament. Crabb, Eng. Law, 240.
DE 2EQUITATE. In equity. De jure stricto, nihil possum vendicare, de wquitate tatnen, nullo modo hoc ootinet; in strict law, I can claim nothing, but in equity this by no means obtains. Fleta, lib. 3, c. 2, fi 10.
DE JESTIMATO. In Roman law. One of the Innominate contracts, and, in effect, a sale of land or goods at a price fixed, (cesti-mato,) and guarantied by some third party, who undertook to find a purchaser.
DE .STATE PROBANDA. For pror-Ing age. A writ which formerly lay to sum­mon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being of full age. Fitzh. Nat Brev. 257; Reg. Orig. 294.
DE AliEATORIBUS. About gamesters. The name of a title in the Pandects. Dig. 11, 5.
DE ALLOCATIONS FACTENDA, Breve. Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) in their accounts certain payments made by them. Reg. Orig. 192.
DE ALTO ET BASSO. Of high and low. A phrase anciently used to denote the ab­solute submission of all differences to arbitra­tion. Cowell.
DE AMBITU. Lat Concerning bribery. A phrase descriptive of the subject-matter of several of the Roman laws; as the Lex Aufidia, the Lex Pompeia, the Lea Tullia, and others. See Ambitus.
DE AMPLIORI GRATIA. Of more abundant or especial grace. Townsh. PI. 18.
DE ANNO BISSEXTTLI. Of the bis­sextile or leap year. The title of a statute passed in the twenty-first year of Henry III., which in fact, however, is nothing more than a sort of writ or direction to the justices of the bench, instructing them how the extraor­dinary day in the leap year was to be reckoned in cases where persons had a day to appear at the distance of a year, as on the essoin de malo lecti, and the like. It was thereby directed that the additional day. should, together with that which went be­fore, be reckoned only as one, and so, of course, within the preceding year. 1 Reeve, Eng. Law, 266.
DE ANNUA PENSIONE, Breve. Writ of annual pension. An ancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his chap­lains, demanded the same of the abbot or prior, for the person named in the writ Reg. Orig. 2656, 307; Fitzh. Nat Brev. 231 G.
DE ANNUO REDITU. For a yearly rent. A writ to recover an annuity, no mat­ter how payable, in goods or money. 2 Reeve, Eng. Law, 258.
DE APOSTATA CAPIENDO, Breve. Writ for taking an apostate. A writ which anciently lay against one who, having en­tered and professed some order of religion, left it and wandered up and down the coun­try, contrary to the rules of his order, com­manding the sheriff to apprehend him and deliver him again to his abbot or prior. Reg. Orig. 716, 267; Fitzh. Nat. Brev. 233, 234.
DE ARBITRATIONE FACTA. (Lat Of arbitration had.) A writ formerly used when an action was brought for a cause which had been settled by arbitration. Wats. Arb. 256.
DE ARRESTANDIS BONIS NE DIS-SIPENTUR. An old writ which lay to seize goods in the hands of a party during the pendency of a suit to prevent their be­ing made away with. Reg. Orig. 1266.
DE ARRESTANDO IPSUM QUI FE-CUNIAM RECEPIT. A writ which lay for the arrest of one who had taken the

king's money to serve In the war, and hid himself to escape going. Reg. Orig. 246.
DE ARTE ET PARTE. Of art and part A phrase in old Scotch law.
Concerning the property of religious persons carried away. The title of the statute 35 Edward I. passed to check the abuses of clerical possessions, one of which was the waste they suffered by being drained into foreign countries. 2 Reeve, Eng. Law, 157; 2 Inst. 580.
DE ASSD3A PROROGANDA. (Lat For proroguing assise.) A writ to put off an assise, issuing to the justices, where one of the parties is engaged in the service of the king.
writ which lay to the judges of a court, re­quiring them to receive and admit an attor­ney for a party. Reg. Orig. 172; Fitzh. Nat Brev. 156.
For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear and determine cases of heinous misde­meanor, trespass, riotous breach of the peace, etc. Reg. Orig. 123, et seq.; Fitzh. Nat Brev. 110 B. See Oyer and Terminer.
DE AVERIIS CAPTIS IN WITHER-NAMIUM. Writ for taking cattle in with­ernam. A writ which lay where the sheriff returned to a pluries writ of replevin that the cattle or goods, etc., were eloined, etc.; by which he was commanded to take the cattle of the defendant in withernam, (or re­prisal,) and detain them until he could re­plevy the other cattle. Reg. Orig. 82; Fitzh. Nat Brev. 73, E. F. See Withernam.
DE AVERIIS REPLEGIANDIS. A writ to replevy beasts. 3 Bl. Oomm. 149.
returning the cattle. A term applied to pledges given in the old action of replevin. 2 Reeve, Eng. Law, 177.
DE BANCO. Of the bench. A term for­merly applied in England to the justices of the court of common pleas, or "bench," as it was originally styled.
DE BENE ESSE. Conditionally; provi­sionally; in anticipation of future need. A phrase applied to proceedings which are tak­en ex parte or provisionally, and are allow­ed to stand as well done for the present, but which may be subject to future exception or
challenge, and must then stand or fall ac­cording to their intrinsic merit and regu­larity.
Thus, "in certain cases, the courts will allow evidence to be taken out of the regular course, in order to prevent the evidence being lost by the death or the absence of the witness. This is called 'taking evidence de bene esse,' and is looked upon as a temporary and conditional ex­amination, to be used only in case the witness cannot afterwards be examined in the suit in the regular way." Hunt, Eq. 75; Haynes, Eg. 183; Mitt Eq. PI. 52, 149.
food and evil. A phrase by which a party accused of a crime anciently put himself upon a jury, indicating his entire submission to their verdict
goods of the deceased. Dyer, 32.
DE BIGAMIS. Concerning men twice married. The title of the statute 4 Edw. L St 3; so called from the initial words of the fifth chapter. 2 Inst 272; 2 Reeve, Eng. Law, 142.
DE BONE MEMORIE. L. Fr. Of good memory; of sound mind. 2 Inst 510.
DE BONIS ASPORTATIS. For goods taken away; for taking away goods. The action of trespass for taking personal prop­erty is technically called "trespass de bonis asportatis." 1 Tidd, Pr. 5.
DE BONIS NON. An abbreviation of De bonis non administratis, (g. v.) 1 Strange, 34.
Of the goods not administered. When an administrator Is appointed to succeed an­other, who has left the estate partially un­settled, he is said to be granted "administra­tion de bonis non;" that is, of the goods not already administered.
DE BONIS NON AMOVENDIS. Writ for not removing goods. A writ anciently directed to the sheriffs of London, command­ing them, in cases where a writ of error was brought by a defendant against whom a judgment was recovered, to see that his goods and chattels were safely kept without being removed, while the error remained un­determined, so that execution might be had of them, etc Reg. Orlg. 1316; Termes de la Ley.
goods. The technical name of a judgment against an administrator or executor to be satisfied from his own property, and not from the estate of the deceased, as In cases where he has been guilty of a devastavit or of a false plea of plene administravit.


DE BONIS TESTATORIS, or INTES-TATI. Of the goods of the testator, or in­testate. A term applied to a judgment awarding execution against the property of a testator or intestate, as distinguished from the individual property of his executor or administrator. 2 Archb. Pr. K. B. 148, 149.
DE BONIS TESTATORIS AC SI. (Lat From the goods of the testator, if he has any, and, if not, from those of the execu­tor.) A judgment rendered where an execu­tor falsely pleads any matter as a release, or, generally, in any case where he is to be charged in case his testator's estate is in­sufficient 1 Williams' Saund. 336&; Bac. Abr. "Executor," B, 3; 2 Archb. Pr. K. B. 148.
DE BONO ET MALO. "For good and ill." The Latin form of the law French phrase "De Men et de mal." In ancient criminal pleading, this was the expression with which the prisoner put himself upon a Jury, indicating his absolute submission to their verdict.
This was also the name of the special writ of jail delivery formerly in use in England, which issued for each particular prisoner, of course. It was superseded by the gen­eral commission of jail delivery.
DE BONO GESTU. For good behavior; for good abearance.
DE CJETERO. Henceforth.
DE CAXCETO REPARANDO. Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of a place to repair and maintain a causeway, etc. Reg. Orig. 154.
Of the chief lords of the fee.
DE CAPITE MINUTIS. Of those who have lost their status, or civil condition. Dig. 4, 5. The name of a title in the Pan­dects. See Capitis Deminutio.
DE CARTIS REDDENDIS. (For restor­ing charters.) A writ to secure the delivery of charters or deeds; a writ of detinue. Reg. Orig. 159&.
DE CATAIXIS REDDENDIS. (For re­storing chattels.) A writ to secure the re­turn specifically of chattels detained from the owner. Cowell.
DE CAT7TIONE ADMITTENDA. Writ to take caution or security. A-writ which anciently lay against a bishop who held an excommunicated person in prison for his contempt, notwithstanding he had offered sufficient security (idoneam cautionem) to obey the commands of the church; com-Bi».IiA.w Dict.(2d Ed.)—21
manding him to~ take such security and re­lease the prisoner. Reg. Orig. 66; Fitzh. Nat. Brev. 63, O.
DE GERTIFICANDO. A writ requir­ing a thing to be certified. A kind of cer­tiorari. Reg. Orig. 151, 152.
DE CERTIORANDO. A writ for cer­tifying. A writ directed to the sheriff, re­quiring him to certify to a particular fact Reg. Orig. 24.
DE CHAMPERTIA. Writ of champer­ty. A writ directed to the justices of the bench, commanding the enforcement of the statute of champertors. Reg. Orig. 183; Fitzh. Nat. Brev. 172.
flesh and blood. Affaire rechat de char et de sanJc. Words used in claiming a person to be a villein, in the time of Edward II. Y. B. P. 1 Edw. II. p. 4.
DE CHIMINO. A writ for the enforce­ment of a right of way. Reg. Orig. 155.
DE CIBARIIS UTENDIS. Of victuals to be used. The title of a sumptuary statute passed 10 Edw. III. St 3, to restrain the expense of entertainments. Barring. Ob. St. 240.
Glamea Admittenda, etc.
DE CLABO DIE. By daylight Fleta, lib. 2, c. 76, § 8.
DE CLATJSO FRACTO. Of close bro­ken; of breach of close. See Olatjsuic Frkgit.
DE CIiERICO CAPTO PER STATU-TUM MERCATORIUM DELIBERAN-DO. Writ for delivering a clerk arrested on a statute merchant. A writ for the deliv­ery of a clerk out of prison, who had been taken and imprisoned upon the breach of a statute merchant Reg. Orig. 1476.
DE CLERO. Concerning the clergy. The title of the statute 25 Edw. III. St 3; con­taining a variety of provisions on the sub­ject of presentations, Indictments of spir­itual persons, and the like. 2 Reeve, Eng. Law, 378.

house burning. One of the kinds of appeal formerly in use in England. Bract fol. 146&; 2 Reeve, Eng. Law, 38.
DE COMMUN1 DIVIDUNDO. For di­viding a thing held in common. The name of an action given by the civil law. Mack-eld. Bom. Daw, § 499.
DE COMON DROIT. L. Fr. Of common right; that is, by the common law. Co. Litt. 142a.
DE COMPTJTO. Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff, or show cause to the contrary. Reg. Orig. 135-138; Fitzh. Nat. Brev. 117, E. The foundation of the modern action of account
DE CONCIXIO CURIAE. By the advice (or direction) of the court.
DE CONFLICTU LEGUM. Concerning the conflict of laws. The title of several works written on that subject 2 Kent, Comm. 455.
DE CONJUNCTIM FEOFFATIS. Con­cerning persons jointly enfeoffed, or seised. The title of the statute 34 Edw. I., which was passed to prevent the delay occasioned by tenants in novel disseisin, and other writs, pleading that some one else was seised joint­ly with them. 2 Reeve, Eng. Law, 243.
DE CONSANGUINEO, and DE CON-SANGUINITATE. Writs of cosinage, («• v.)
DE CONSH*IO. In old criminal law. Of counsel; concerning counsel or advice to commit a crime. Fleta, lib. 1, c. 31, § 8.
DE CONSILIO CURIJB. By the advice or direction of the court Bract, fol. 3456.
DE CONTINUANDO ASSISAM. Writ to continue an assise. Reg. Orig. 2176.
DE CONTUMACE CAPIENDO. Writ for taking a contumacious person. A writ which issues out of the English court of chancery, in cases where a person has been pronounced by an ecclesiastical court to be contumacious, and in contempt. Shelf. Mar. & Div. 494-496, and notes. It is a commit­ment for contempt Id.
Writ for delivering the copy of a libel. An ancient writ directed to the judge of a spiritual court, commanding him to deliver to a defendant a copy of the libel filed against him in such court Reg. Orig. 58. The writ in the register is directed to the Dean of the Arches, and his commissary. Id.
DE CORONATORE ELIGENDO. Writ for electing a coroner. A writ issued to the sheriff in England, commanding him to pro­ceed to the election of a coroner, which it done in full county court, the freeholders being the electors. Sewell, Sheriffs, 372.
Writ for discharging or removing a coroner. A writ by which a coroner in England may be removed from office for some cause there­in assigned. Fitzh. Nat Brev. 163, 164; 1 Bl. Comm. 348.
DE CORPORE COMITATUS. From the body of the county at large, as distinguished from a particular neighborhood, (de vicineto.) 3 Bl. Comm. 360. Used with reference to the composition of a jury. State v. Kemp, 34 Minn. 61, 24 N. W. 349.
DE CORRODIO HABEND O. Writ for having a corody. A writ to exact a corody from a religious house. Reg. Orig. 264, Fitzh. Nat. Brev. 230. See Coeodt.
DE CUJUS. Lat From whom. A term used to designate the person by, through, from, or under whom another claims. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.
DE CURIA CLAUDENDA. An obsolete writ to require a defendant to fence in his court or land about his house, where it was left open to the injury of his neighbor's freehold. 1 Crabb, Real Prop. 314; Rust y. Low, 6 Mass. 90.
DE CURSU. Of course. The usual, nec­essary, and formal an action are said to be de cursu; as distinguished from summary proceedings, or such as are incidental and may be taken on summons or motion. Writs de cursu are such as are issued of course, as distinguished from prerogative writs.
DE CUSTODE ADMITTENDO. Writ for admitting a guardian. Reg. Orig. 936, 198.
DE CUSTODE AMOVENDO. Writ for removing a guardian. Reg. Orig. 198.
DE CUSTODIA TERRAS ET HiERE-DIS, Breve. L. Lat Writ of ward, or writ of right of ward. A writ which lay for a guardian in knight's service or in socage, to recover the possession and custody of the infant, or the wardship of the land and heir. Reg. Orig. 1616; Fitzh. Nat Brev. 139, B; 3 Bl. Comm. 141.
DE DEBITO. A writ of debt Reg. Orig. 139.
DO. In Roman law. "Of cutting a debtor

in pieces." This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded that it was literally the privilege of the creditors of an insolvent debtor (all other means fail­ing) to cut his body into pieces and distribute it among them. Others contend tliat the language of this law must be taken figura­tively, denoting a cutting up and apportion­ment of the debtor's estate.
The latter view has been adopted by Montes­quieu, Bynkershoek, Heineccius, and Taylor. (Esprit des Lois, liv. 29, c. 2; Bynk. Obs. Jur. Rom. 1. 1, c. 1; Heinecc. Ant. Rom, lib. 3, tit. 30, § 4; Tayl. Comm. in Leg. Decemv.) The literal meaning, on the other hand, is advocated by Aulus Gellius and other writers of antiquity, and receives support from an expression (senwto omni oruc&atu) in the Roman code itself. (Aul. Gel. Noctes Atticae, lib. 20, c. 1; Code, 7, 7, 8.) This is also the opinion of Gibbon, Gravina, Pothier, Hugo, and Niehbuhr. (3 Gib. Rom. Emp., Am. Ed., p. 183; Grav. de Jur. Nat. Gent, et XII. Tab. § 72; Poth. Introd. Pand.; "Hugo, Hist, du Droit Rom. torn, i., p. 233, § 149; 2 Neibh. Hist. Rom. p. 597; 1 Kent, Comm. 523, note.) Burrill.
DE DECEPTIONE. A writ Of deceit which lay against one who acted in the name of another whereby the latter was damnified and deceived. Reg. Orig. 112.
DE DEONEBANDA FRO RATA POR-TIONIS. A writ that lay where one was distrained for rent that ought to be paid by others proportionably with him. Fitzh. Nat. Brev. 234; Termes de la Ley.
DE DIE IN DIEM. From day to day. Bract fol. 2056.
DE DIVERSIS REGULIS JURIS AN-TIQUI. Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims. Dig. 50, 17.
DE DOLO MALO. Of or founded upon fraud. Dig. 4, 3. See Actio de Dolo Malo.
DE DOMO REP AR AND A. A writ which lay for one tenant in common to com­pel his co-tenant to contribute towards the repair of the common property.
DE DONIS. Concerning gifts, (or more fully, de donis conditionalibus, concerning conditional gifts.), The name of a celebrated English statute, passed in the thirteenth year of Edw. I., and constituting the first chapter of the statute of Westm. 2, by virtue of which estates in fee-simple conditional (formerly known as "dona conditwnalia") were converted into estates in fee-tail, and which, by rendering such estates inalienable, introduced perpetuities, and so strengthened the power of the nobles. See 2 Bl. Comm. 112.
DE DOTE ASSIGNANDA. Writ for as­signing dower. A writ which lay for the widow of a tenant in capite, commanding the king's escheater to cause her dower to be assigned to her. Reg. Orig. 297; Fitzh. Nat. Brev. 263, C.
writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is still sometimes used in the United States. 4 Kent, Comm. 63; Stearns, Real Act. 302; 1 Washb. Real Prop. 230.
which lay for a guardian who had been
forcibly ejected from his wardship. Reg.
Orig. 162.
DE EJECTIONE FIRM^. A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainder­man, or stranger who had himself deprived the tenant of the occupation of the land dur­ing his term. 3 Bl. Comm. 199.
By a gradual extension of the scope of this form of action its object was made to include not only damages for the unlawful detainer, but also the possession for the remainder of the term, and eventually the possession of land generally. And, as it turned on the right of possession, this involved a determi­nation of the right of property, or the title, and thus arose the modern action of eject­ment.
DE ESC2ETA. Writ of escheat. A writ which a lord had, where his tenant died with­out heir, to recover the land. Reg. Orig. 1646; Fitzh. Nat Brev. 143, 144, E.
DE ESCAMBIO MONETiE. A writ of exchange of money. An ancient writ to au­thorize a merchant to make a bill of ex­change, (literas cambitorias facere.) Reg. Orig. 194.
being on a journey. A species of essoin. 1 Reeve, Eng. Law, 119.
DE ESSENDO QUIETUM DE TOLO-NIO. A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat Brev. 226; Reg. Orig. 258&.
writ which issued upon an essoin of malum lecti being cast to examine whether the par­ty was in fact sick or not Reg. Orig. 86.
DE ESTOVERIIS HABENDIS. Writ for having estovers. A writ which lay for a wife divorced a mensa et thoro, to recover her alimony or estovers. 1 Bl. Comm. 441; 1 Lev. a

DE ESTREPAMENTO. A writ which lay to prevent or stay waste by a tenant, during the pendency of a suit against him to recover the lands. Reg. Orig. 766. Fitzh. Nat. Brev. 6a
DE ETJ ET TRENE, L. Fr. Of water and whip of three cords. A term applied to a neife, that is, a bond woman or female villein, as employed in servile work, and sub­ject to corporal punishment. Co. Litt 256.
DE EVE ET DE TREVE. A law French \>hrase, equivalent to the Latin de avo et de tritavo, descriptive of the ancestral rights of lords in their villeins. Literally, "from grandfather and from great-grandfather's .great-grandfather." It occurs in the Year Books.
A writ commanding the sheriff to arrest one who was excommunicated, and imprison him ^111 he should become reconciled to the church. 3 BL Comm. 102. Smith v. Nelson, 18 Vt. 511.
DE EXCOMMUNICATO DEMBERAN-±>0. A writ to deliver an excommunicated person, who has made satisfaction to the «huich, from prison. 3 BL Comm. 102.
DE EXCOMMUNICATO RE CAPIEN­DO. Writ for retaking an excommunicated person, where he had been liberated from prison without making satisfaction to the church, or giving security for that purpose. Reg. Orig. 67.
DE EXCUSATIONIBUS. "Concerning excuses." This is the title of book 27 of the Pandects, (in the Corpus Juris Givilis.) It treats of the circumstances which excuse one from filling the office of tutor or curator. The bulk of the extracts are from Modes-tinus.
DE EXECUTIONE FACIENDA IN WITHEBNAMIUM. Writ for making exe­cution in withernam. Reg. Orig. 826. A species of capias in withernam.
DE EXECUTIONE JUDICII. A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment Reg. Orig. 18; Fitzh. Nat Brev. 20.
DE EXEMPIiIFICATIONE. Writ of ex­emplification. A writ granted for the exem­plification of an original. Reg. Orig. 2906.
DE EXONERATIONS SECTiE. Writ for exoneration of suit. A writ that lay for the king's ward to be discharged of all suit to the county court, hundred, leet, or court-baron, during the time of his wardship. Fitzh. Nat Brev. 158; New Nat Brev. 352.
DE EXPENSIS CIVTUM ET BURGEN-SIUM. An obsolete writ addressed to the sheriff to levy the expenses of every citizen and burgess of parliament 4 Inst 46.
Writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire ia parliament Reg. Orig. 1916, 192.
DE FACTO. In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of af­fairs which exists actually and must be ac­cepted for all practical purposes, but which Is illegal or illegitimate. In this sense it is the contrary of de jure, which means right­ful, legitimate, just or constitutional. Thus, an officer, king, or government de facto it one who is in actual possession of the office or supreme power, but by usurpation, or without respect to lawful title; while an of­ficer, king, or governor de jure is one who has just claim and rightful title to the office or power, but who has never had plenary possession of the same, or is not now in actual possession. 4 BL Comm. 77, 78. So a wife de facto is one whose marriage is voidable by decree, as distinguished from a wife de jure, or lawful wife. 4 Kent Comm. 36.
But the term is also frequently used inde­pendently of any distinction from de jure; thus a blockade de facto is a blockade which is actually maintained, as distinguished from a mere paper blockade.
As to de facto "Corporation," "Court," "Domicile," "Government," and "Officer," see those titles.
In old English, law. be facto means re­specting or concerning the principal act of a murder, which was technically denomi­nated factum. See Fleta, lib. 1, c. 27, $ 18.
—De facto contract. One which has pur­ported to pass the property from the owner to another. Bank v. Logan, 74 N. Y. 575; Ed­munds v. Transp. Co., 135 Mass. 283.
DE FAIRE ECHEIXE. In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend. (N. T.) 491.
DE FALSO JUDICIO. Writ of false Judgment. Reg.. Orig. 15; Fitzh. Nat Brev. 18. See False Judgment.
DE FAXSO MONETA. Of false money. The title of the statute 27 Edw. I. ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everything they could forfeit 2 Reeve, Eng. Law, 228, 229.
De fide et officio jndicis non recipitur qusestio, sed de scientia, sive sit error

juris, sive facti. Concerning the fidelity and official conduct of a judge, no question is [will be] entertained; but [only] concern­ing his knowledge, whether the error [com­mitted] be of law or of fact. Bac. Max. 68, reg. 17. The bona fides and honesty of pur­pose of a judge cannot be questioned, but his decision may be impugned for error either of law or fact. Broom, Max. 85. The law doth so much respect the certainty of judg­ments, and the credit and authority of judges, that it will not permit any error to be as­signed which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either of the law, or of the case and matter of fact. Bac Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict for the plaintiff, where the jury gave it for the defendant. Fitzh. Nat Brev. 20, 21; Bac. Max. ubi. supra; Hardr. 127, arg.
DE FIDEI LJESIONE. Of breach of faith or fidelity. 4 Reeve, Eng. Law, 99.
DE FINE FORCE. L. Fr. Of necessity; of pure necessity. See Fine Foece.
DE FINE NON CAPIENDO PRO PUL-CHRE FLACITANDO. A writ prohibiting the taking of fines for beau pleader. Reg. Orig. 179.
DE FINE PRO REDISSEISINA CA­PIENDO. A writ which lay for the release of one imprisoned for a re-disseisin, on pay­ment of a reasonable fine. Reg. Orig. 222ft.
DE FINIBUS LEVATIS. Concerning fines levied. The title of the statute 27 Edw. I. requiring fines thereafter to be levied, to be read openly and solemnly in court 2 Inst 521.
Writ of forfeiture of marriage. Reg. Orig. 163, 164.
Concerning those that break prison. The title of the statute 1 Edw. II. ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaking prison only, unless the cause for which he was taken and imprisoned required such a judgment if he was lawfully convict­ed thereof. 2 Reeve, Eng. Law, 290; 2 Inst 589.
DE FURTO. Of theft One of the kinds of .criminal appeal formerly in use in Eng­land. 2 Reeve, Eng. Law, 40.
DE GESTU ET FAMA. Of behavior and reputation. An old writ which lay in cases where a person's conduct and reputation were impeached.
DE GRATIA. Of grace or favor, by fa­vor. De speciali gratia, of special grace or favor.
De gratia speciali eerta scientia et mero xnotn, talis clausula non valet in his in quibus prsesnmitur principem esse ignorantem. 1 Coke, 53. The clause "of our special grace, certain knowledge, and mere motion," is of no avail in those things in which it is presumed that the prince was ignorant
De grossis arboribns decimse non da-buntur sed de sylvia csedna decimse da-buntur. 2 Rolle, 123. Of whole trees, tithes are not given; but of wood cut to be used, tithes are given.
DE HSREDE DELIBERANDO HXI QUI HABET CUSTODIAM TEKRBl. Writ for delivering an heir to him who has ward­ship of the land. A writ directed to the sheriff, to require one that had the body of him that was ward to another to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161.
Writ concerning an heir ravished and car­ried away. A writ which anciently lay for a lord who, having by right the wardship of his tenant under age could not obtain his body, the same befng carried away by an­other person. Reg. Orig. 163; Old Nat Brev. 93.
DE HffiRETICO COMBURENDO. (Lat For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, and had relapsed into heresy. It is said to be very ancient Fitzh. Nat Brev. 269; 4 Bl. Comm. 46.
writ for respiting or postponing homage. Fitzh. Nat Brev. 269, A
DE HOMINE CAPTO IN WITHER­NAM. (Lat. For taking a man in wither­nam.) A writ to take a man who had car­ried away a bondman or bondwoman into another country beyond the reach of a writ of replevin.
DE HOMINE REPLEGIANDO. (Lat For replevying a man.) A writ which lies to replevy a man out of prison, or out of the custody of a private person, upon giving se­curity to the sheriff that the man shall be forthcoming to answer any charge against him. Fitzh. Nat. Brev. 66; 3 Bl. Comm. 129.
This writ has been superseded almost wholly, in modern practice, by that of habeas corpus; but it is still used, in some of the states, in an amended and altered form. See 1 Kent Comm. 404n; 34 Me. 136.

DE IDENTITATE NOMINIS. A writ which lay for one arrested in a personal action and committed to prison under a mis­take as to his identity, the proper defendant bearing the same name. Reg. Orig. 194.
common-law writ, long obsolete, to inquire whether a man be an idiot or not. 2 Steph. Comm. 509.
DE IIS QUI PONENDI SUNT IN AS-6ISIS. Of those who are to be put on as­sises. The title of a statute passed 21 Edw. I. defining the qualifications of jurors. Crabb, Eng. Law, 167, 189; 2 Reeve, Eng. Law, 184.
DE INCREMENTO. Of increase; in ad-ditior*. Costs de incremento, or costs of in­crease, are the costs adjudged by the court in civil actions, in addition to the damages and nominal costs found by the jury. Gilb. Com. PI. 260.
DE INFER.MITATE. Of infirmity. The principal essoin in the time of Glanville; afterwards called "de malo." 1 Reeve, Eng. Law, 115. See De Mai>o; Essoin.
DE INGRESSU. A writ of entry. Reg. Orig. 227&, et seq.
DE INJURIA. Of [his own] wrong. In the technical language of pleading, a repli­cation de injuria is one that may be made in an action of tort where the defendant has admitted the acts complained of, but al­leges, in his plea, certain new matter by way of justification or excuse; by this replica­tion the plaintiff avers that the defendant committed the grievances in question "of his own wrong, and without any such cause," or motive or excuse, as that alleged in the plea, (de injuria sua propria absque tali causa;) or, admitting part of the matter pleaded, "without the rest of the cause" al­leged, (absque residue causae.)
In form it is a species of traverse, and it is frequently used when the pleading of the defendant, in answer to which it is directed, consists merely of matter of excuse of the alleged trespass, grievance, breach of con­tract, or other cause of action. Its com­prehensive character in putting in issue all the material facts of the defendant's plea has also obtained for it the title of the gen­eral replication. Holthouse.
Concerning an inofficious or undutiful will. A title of the civil law. Inst 2, 18.
DE INTEGRO. Anew; a second time. As it was before.
DE INTRUSIONS, A writ of intrusion; where a stranger entered after the death of
the tenant, to the injury of the reversioner. Reg. Orig. 233&.
DE JACTURA EVTTANDA. For avoid­ing a loss. A phrase applied to a defend­ant, as de lucro captando is to a plaintiff. Jones v. Sevier, 1 Litt (Ky.) 51, 13 Am. Dec. 218.
name of a statute passed in the reign of Ed­ward I. which enacted severe and arbitrary penalties against the Jews.
DE JUDICATO SOLVENDO. For pay­ment of the amount adjudged. A term ap­plied in the Scotch law to bail to the action, or special bail.
DE JUDICIIS. Of judicial proceedings. The title of the second part of the Digests or Pandects, including the fifth, sixth, sev­enth, eighth, ninth, tenth, and eleventh books. See Dig. prooem. § 3.
DE JUDICIO SISTI. For appearing in court. A term applied in the Scotch and admiralty law, to bail for a defendant's ap­pearance.
DE JURE. Of right; legitimate; law­ful ; by right and just title. In this sense it is the contrary of de facto, (which see.) It may also be contrasted with de gratia, in which case it means "as a matter of right," as de gratia means "by grace or favor." Again it may be contrasted with de cequi-tate; here meaning "by law," as the latter means "by equity." See Government.
De jure declmaxam, originem dncens de jure patronatus, tunc cognitio spec-tat at legem, civilem, i. e., commnnem. Godb. 63. With regard to the right of ti­thes, deducing its origin from the right of the patron, then the cognizance of them be­longs to the civil law; that is, the common law.
Fr. Of the most fair. A term applied to a species of dower, which was assigned out of the fairest of the husband's tenements. Litt. § 48. This was abolished with the military tenures. 2 Bl. Comm. 132; 1 Steph. Comm. 252.
DE LATERE. From the side; on the side; collaterally; of collaterals. Cod. 5, 6, 6.
Of legacies and trusts. The name of a title of the Pandects. Dig. 30.
DE LEPROSO AMOVENDO. Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his


neighbors In any parish, in public or private places, to their annoyance. Reg. Orig. 267; Fitzh. Nat Brev. 234, E; New Nat Brev. 521.
DE LIBERA FALDA. Writ of free fold. A species of quod permittat. Reg. Orig. 155.
DE LIBERA PISCARIA. Writ of free fishery. A species of quod permittat. Reg. Orig. 155.
DE LIBERO PASSAGIO. Writ of free passage. A species of quod permittat. Reg. Orig. 155.
DE LIBERTATE PROBANDA. Writ for proving liberty. A writ which lay for such as, being demanded for villeins or niefs, offered to prove themselves free. Reg. Orig. 876; Fitzh. Nat Brev. 77, F.
A writ of various forms, to enable a citizen to recover the liberties to which he was en­titled. Fitzh. Nat. Brev. 229; Reg. Orig. 262.
Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, com­manding them to permit the persons named in the writ to cross the sea from such port, on certain conditions. Reg. Orig. 1936.
name of a writ directed to the sheriff, di­recting him to inquire by good and lawful men whether the party charged is a lunatic or not
writ by which the grand assise was chosen and summoned. Reg. Orig. 8; Fitzh. Nat Brev. 4.
De majori et minori nou, variant jura.
Concerning greater and less laws do not vary. 2 Vern. 552.
DE MALO. Of illness. This phrase was frequently used to designate several species of essoin, (q. v.,) such as de malo lecti, of illness in bed; de malo veniendi, of illness (or misfortune) in coming to the place where the court sat; de malo villw, of illness in the town where the court sat
DE MANUCAPTIONE. Writ of man­ucaption, or mainprise. A writ which lay for one who, being taken and imprisoned on a charge of felony, had offered bail, which had been refused; requiring the sheriff to discharge him on his finding sufficient main­pernors dr bail. Reg. Orig. 2686; Fitzh. Nat Brev. 249, G.
DE MANUTENENDO. Writ of main­tenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 189, 1826.
half tongue; half of one tongue and half of another. This phrase describes that species of jury which, at common law, was allowed in both civil and criminal cases where one of the parties was an alien, not speaking or understanding English. It was composed of six English denizens or natives and six of the alien's own countrymen.
DE MEDIO. A writ In the nature of a writ of right, which lay where upon a subin­feudation the mesne (or middle) lord suffered his under-tenant or tenant paravail to be distrained upon by the lord paramount for the rent due him from the mesne lord. Booth, Real Act. 136.
for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have 'been assessed separately) he will take judgment. 1 Arch. Pr. K. B. 219; Knickerbacker v. Colver, 8 Cow. (N. T.) 111.
DE MERCATORIBUS. "Concerning mer­chants." The name of a statute passed in the eleventh year of Edw. I. (1233,) more commonly called the "Statute of Acton Bur-nel," authorizing the recognizance by statute merchant. See 2 Reeve, Eng. Law, 160-162; 2 Bl. Comm. 161.
De minimis non curat lex. The law
does not care for, or take notice of, very small or trifling matters. The law does not con­cern itself about trifles. Cro. Eliz. 353. Thus, error In calculation of a fractional part of a penny will not be regarded. Hob. 88. So, the law will not, in general, notice the fraction of a day. Broom, Max. 142.
DE MINIS. Writ of threats. A writ which lay where a person was threatened with personal violence, or the destruction of his property, to compel the offender to keep the peace. Reg. Orig. 886, 89; Fitzh. Nat Brev. 79, G, 80.
DI. A writ to send the tenor of a record, or to exemplify It under the great seal. Reg. Orig. 2206.
DE MODERATA MISERICORDIA CA-PIENDA. Writ for taking a moderate amercement. A writ founded on Magna Charta, (c. 14,) which lay for one who was excessively amerced in a court not of record, directed to the lord of the court, or his bail-

Iff, commanding him to take a moderate amercement of the party. Reg. Orig. 86&; Fitzh. Nat Brev. 75, 76.
DE MODO DECIMANDI. Of a modus of tithing. A term applied in English ec­clesiastical law to a prescription to have a special manner of tithing. 2 Bl. Comm. 29; 3 Steph. Comm. 130.
De molendino de novo ereoto aon jaoet prohibitio. Cro. Jac. 429. A prohibition lies not against a newly-erected mill.
De morte hominis nulla est cunctatio longa. Where the death of a human being is concerned, [in a matter of life and death,] no delay is [considered] long. Co. Litt 134.
DE NATIVO HABENDO. A writ which lay for a lord directed to the sheriff, com­manding him to apprehend a fugitive villein, and restore him, with all his chattels, to the lord. Reg. Orig. 87; Fitzh. Nat. Brev. 77.
De nomine proprio non est enrandnm cum in substantia non erretur; quia Bomina mutabilia sunt, res autem im-
mobiles. 6 Coke, 66. As to the proper name, it is not to be regarded where it errs not in substance, (because names are change­able, but things Immutable.
De non apparentibus, et non existenti-bus, eadem est ratio. 5 Coke, 6. As to things not apparent, and those not existing, the rule is the same.
DE NON DECIMANDO. Of not pay­ing tithes. A term applied in English ec­clesiastical law to a prescription or claim to be entirely discharged of tithes, and to pay no compensation in lieu of them. 2 Bl. Comm. 31.
DE NON PROCEDENDO AD ASSI-SAM. A writ forbidding the justices from holding an assise in a particular case. Reg. Orig. 221.
DE NON RESIDENTIA GLERICI RE­GIS. An ancient writ where a parson was employed in the royal service, etc., to ex­cuse and discharge him of non-residence. 2 Inst 264.
Of unsound memory or mind; a phrase syn­onymous with non compos mentis.
In the civil law. A form of interdict or in­junction which lies in some cases where the defendant is about to erect a "new work" (q. v.) in derogation or Injury of the plain­tiff's rights.
DE NOVO. Anew; afresh; a second time. A venire de novo is a writ for sum-
moning a jury for the second trial of a case which has been sent back from above for a new trial.
De nullo, quod est sua natura indi-visibile, et divisionem non patitur, nul-lam partem habebit vidua, sed satis-faciat ei ad valentiam. Co. Litt 32. A widow shall have no part of that which in its own nature is indivisible, and is not sus­ceptible of division, but let the heir satisfy her with an equivalent
De nullo tenemento, quod tenetur ad terminum, fit homagii, fit tamen inde fidelitatis sacrameutum. In no tenement which is held for a term of years is there an avail of homage; but there is the oath of fealty. Co. Litt 676.
DE ODIO ET ATIA. A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion, or merely propter odium et atiam, (through ha­tred and ill will;) and if, upon the inquisi­tion, due cause of suspicion did not appear, then there issued another writ for the sher­iff to admit him to bail. 3 Bl. Comm. 128.
DE OFFICE. L. Fr. Of office; in virtue of office; officially; in the discharge of or­dinary duty.
DE ONERANDO FRO RATA FOB-TIONE. Writ for charging according to a rateable proportion. A writ which lay for a joint tenant or tenant in common, who was distrained for more rent than his proportion of the land came to. Reg. Orig. 182; Fitzh. Nat Brev. 234, H.
DE PACE ET LEGALITATE TENEN-DA. For keeping the peace, and for good behavior.
DE PACE ET PIiAGIS. Of peace, (breach of peace,) and wounds. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of assault wounding, and breach of the peace. Bract fol. 144; 2 Reeve, Eng. Law, 3a
DE PACE ET ROBERIA. Of peace [breach of peace] and robbery. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of robbery and breach of the peace. Bract foL 146; 2 Reeve, Eng. Law, 37.
DE PAIiABRA. Span. By word; by parol. White, New Recop. b. 2, tit 19, c 8, | 2.
DE PARCO FRACTO. A writ or actios for damages caused by a pound-breach, (g. v.) It has long been obsolete. Co. Litt 47&; 3 Bl. Comm. 146.

DE PARTITIONE FACIENDA. A writ which lay to make partition of lands or tene­ments held by several as coparceners, tenants in common, etc. Reg. Orig. 76; Fitzh. Nat. Brev. 61, R; Old Nat. Brev. 142.
DE PERAMBULATIONE FACIENDA. A writ which lay where there was a dis­pute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and lawful knights of his county and make the perambulation and set the bounds and limits in certainty. Fitzh. Nat Brev. 309, D.
DE PIGNORE SUEKEPTO FURTI, ACTIO. In the civil law. An action to re­cover a pledge stolen. Inst. 4, 1, 14.
DE PIP A VINI CARIANDA. A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks on the case of Coggs v. Bernard, 2 Ld. Raym. 909. Jones, Bailm. 59.
DE PLACITO. Of a plea; of or in an action. Formal words used in declarations and other proceedings, as descriptive of the particular action brought
wounds and mayhem. The name of a crim­inal appeal formerly in use in England, in cases of wounding and maiming. Bract, fol. 144 b; 2 Reeve, Eng. Law, 34. See Appeal.
DE PLANO. Lat. On the ground; on a level. A term of the Roman law descrip­tive of the method of bearding causes, when the praetor stood on the ground with the suit* ors, instead of the more formal method when he occupied a bench or tribunal; hence in­formal, or summary.
DE PLEGIIS ACQUIETANDIS. Writ for acquitting or releasing pledges. A writ that lay for a surety, against him for whom he had become surety for the payment of a certain sum of money at a certain day, where the latter had not paid the money at the ap­pointed day, and the surety was compelled to pay it Reg. Orig. 158; Fitzh. Nat Brev. 137, C; 3 Reeve, Eng. Law, 65.
DE PONENDO SIGIIXUM, AD EX-CEPTIONEM. Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by a party in a suit Reg. Orig. 182.
DE POST DISSEISINA. Writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by prae­cipe quod reddat, on default or reddition,
was again disseised by the former disseisor. Reg. Orig. 208; Fitzh. Nat. Brev. 190.
statute 17 Edw. I., St 1, c. 9, defining the prerogatives of the crown on certain sub­jects, but especially directing that the king shall have ward of the lands of idiots, taking the profits without waste, and finding them necessaries. 2 Steph. Comm. 529.
DE PRiESENTI Of the present; in the present tense. See Peb Verba de Pb^esenti.
Writ for proving property. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. S Bl. Comm. 148; Reg. Orig. 856.
common law, a writ which a widow entitled to quarantine might sue out in case the heir or other persons ejected her. It seems to have been a summary process, and required the sheriff, if no just cause were shown against it speedily to put her into posses­sion. Aiken v. Aiken, 12 Or. 203, 6 Pac. 682.
DE QUIBUS STJR DISSEISIN. An an­cient writ of entry.
DE QUO, and DE QUIBUS. Of which. Formal words in the simple writ of entry, from which it was called a writ of entry "in the quo," or "in the quibus." 3 Reeve, Eng. Law, 33.
DE QUOTA LITIS. In the civil law. A contract by which one who has a claim difficult to recover agrees with another to give a part, for the purpose of obtaining his services to recover the rest. 1 Duval, note 201.
DE RAPTU VIRGINUM. Of the ravish­ment of maids. The name of an appeal formerly in use in England in cases of rape. Bract fol. 147; 2 Reeve, Eng. Law, 38.
DE RATIONABILI PARTE BONO-RUM. A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 492; Fitzh. Nat Brev. 122, L; Hopkins v. Wright 17 Tex. 36.
Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries be­tween the lands of persons in different towns, where one complained of encroach­ment. Reg. Orig. 1576; Fitzh. Nat Brev. 128, M; Rose. Real Act 31; 3 Reeve, En? Law, 48.


DE REBUS. Of things. The title of the third part of the Digests or Pandects, com­prising books 12-19, inclusive.
DE REBUS DUBIIS. Of doubtful things or matters. Dig. 34, 5.
DE RECORDO ET PROCESSU MIT-TENDIS. Writ to send the record and pro­cess of a cause to a superior court; a species of writ of error. Reg. Orig. 209.
DE RECTO. Writ of right Reg. Orig. 1, 2; Bract, fol. 3276. See Wbit of Right.
DE RECTO DE ADVOCATIONE. Writ of right of advowson. Reg. Orig. 296. A writ which lay for one who had an estate in an advowson to him and his heirs in fee-simple, if he were disturbed to present. Fitzh. Nat. Brev. 30, B. Abolished by St. 3 & 4 Wm. IV. c. 27.
DE RECTO DE RATIONABILI PAR­TE. Writ of right, of reasonable part. A writ which lay between privies in blood, as between brothers in gavelkind, or between sisters or other coparceners ^or lands in fee-simple, where one was deprived of his or her share by another. Reg. Orig. 36; Fitzh. Nat. Brev. 9, B. Abolished by St. 3 & 4 Wm. IV. c. 27.
DE RECTO PATENS. Writ of right patent. Reg. Orig. 1.
DE REDISSEISINA. Writ of redisseisin. A writ which lay where a man recovered by assise of novel disseisin land, rent, or com­mon, and the like, and was put in possession thereof by verdict, and afterwards was dis­seised of the same land, rent, or common, by him by whom he was disseised before. Reg. Orig. 2066/ Fitzh. Nat. Brev. 188, B.
writ by which one tenant in common seeks to compel another to aid in repairing the property held in common. 8 Barn. & O. 269.
DE RESCUSSU. Writ of rescue or res-cous. A writ which lay where cattle dis­trained, or persons arrested, were rescued from those taking them. Reg. Orig. 117, 118; Fitzh. Nat. Brev. 101, C, G.
DE RETORNO HABENDO. For hav­ing a return; to have a return. A term ap­plied to the judgment for the defendant in an action of replevin, awarding him a re­turn of the goods replevied; and to the writ or execution issued thereon. 2 Tidd, Pr. 993, 1038; 3 Bl. Cbmm. 149. Applied also to the sureties given by the plaintiff on com­mencing the action. Id. 147.
DE MEN CULPABLE. L. Fr. Guilty ot nothing; not guilty.
DE SA VIE. L. Fr. Of his or her life; of his own life; as distinguished from pur autre vie, for another's life. Litt. §§ 35, 36.
DE SAXVA GARDIA. A writ of safe­guard allowed to strangers seeking their rights in English courts, and apprehending violence or injury to their persons or proper­ty. Reg. Orig. 26.
DE SALVO CONDUCTU. A writ of safe conduct. Reg. Orig. 256, 26.
DE SCACCARIO. Of or concerning the exchequer. The title of a statute passed in the fifty-first year of Henry III. 2 Reeve, Eng. Law, 61.
DE SCUTAGIO HABENDO. Writ for having (or to have) escuage or scutage. A writ which anciently lay against tenants by knight-service, to compel them to serve in the king's wars or send substitutes or to pay ea-cuage; that is a sum of money. Fitzh. Nat. Brev. 83, O. The same writ lay for one who had already served in the king's army, or paid a fine instead, against those who held of him by knight-service, to recover his escuage or scutage. Reg. Orig. 88; Fitzh. Nat. Brev. 83, D, F.
DE SE BENE GERENDO. For behav­ing himself well; for his good behavior Yelv. 90, 154.
suit to a mill. A writ which lay to compel one to continue his custom (of grinding) at a mill. 3 Bl. Oomm. 235; Fitzh. Nat Brev. 122, M.
De similibus ad similia eadem rations procedendiun est. From like things to like things we are to proceed by the same rule or reason, [i. e., we are allowed to argue from the analogy of cases.] Branch, Princ.
De similibus idem est judicandum. Of
[respecting] like things, [in like cases,] the judgment is to be the same. 7 Coke, 18.
DE SON TORT. L. Fr. Of his own
wrong. A stranger who takes upon him to act as an executor without any just author­ity is called an "executor of his own wrong," (de son tort.) 2 Bl. Comm. 507; 2 Steph. Comm. 244,
wrong The law French equivalent of the Latin phrase de injuria, (q. v.)
writ of statute merchant. Reg. Orig. 1466.
DE STATUTO STAPUX^B. The writ of statute staple. Reg. Orig. 151.


TTTRiE. Writ of surcharge of pasture. A judicial writ which lay for him who was impleaded in the county court, for surcharg­ing a common with his cattle, in a case where he was formerly impleaded for it in the same court, and the cause was removed into one of the courts at Westminster. Reg. Jud. 366.
DE TABULIS EXHIBENDIS. Of show­ing the tablets of a will. Dig. 43, 5.
Of not allowing talliage. The name given to the statutes 25 and 34 Edw. I., restrict­ing the power of the king to grant talliage. 2 Inst. 532; 2 Reeve, Eng. Law, 104.
From time whereof the memory of man does not exist to the contrary. Litt § 170.
DE TEMPORE IN TEMPUS ET AD OMNIA TEMPORA. From time to time, and at all times. Townsh. PI. 17.
DE TEMPS DONT MEMORIE NE COURT. L. Fr. From time whereof mem­ory runneth not; time out of memory of man. Litt. §5 143, 145, 170.
DE TESTAMENTIS. Of testaments. The title of the fifth part of the Digests or Pandects; comprising the twenty-eighth to the thirty-sixth books, both inclusive.
DE THEOLONIO. A writ which lay for a person who was prevented from taking toll. Reg. Orig. 103.
DE TRANSGRESSIONE. A writ of trespass. Reg. Orig. 92.
DE TRANSGRESSIONE, AD AU-DIENDUM ET TERMINANDUM. A writ or commission for the hearing and determin­ing any outrage or misdemeanor.
DE UNA PARTE. A deed de una parte is one where only one party grants, gives, or binds himself to do a thing to another. It differs from a deed inter partes, (g. v.) 2 Bouv. Inst no. 2001.
A writ which lay where a man's wife had been ravished and carried away. A species of writ of trespass Reg. Orig. 97; Fitzh. Nat Brev. 89, O; 3 Bl. Comm. 139.
DE VASTO. Writ of waste. A writ which might be brought by him who had the immediate estate of inheritance in rever­sion or remainder, against the tenant for life, in dower, by curtesy, or for years, where the latter had committed waste in
lands; calling upon the tenant to appeal and show cause why he committed waste and destruction in the place named, to the disinherison (ad exheeredatfonem) of the plaintiff. Fitzh. Nat. Brev. 55, O; 3 Bl. Comm. 227, 228. Abolished by St 3 & 4 Wm. IV. c. 27. 3 Steph. Comm. 506.
DB VENTRE INSPICIENDO. A writ to inspect the body, where a woman feigns to be pregnant to see whether she is with child. It lies for the heir presumptive to ex­amine a widow suspected to be feigning pregnancy in order to enable a supposititious heir to obtain the estate. 1 Bl. Comm. 456; 2 Steph. Comm. 287.
It lay also where a woman sentenced to death pleaded pregnancy. 4 Bl. Comm. 495. This writ has been recognized in America. 2 Chand. Crim. Tr. 381.
DE VERBO IN VERBUM. Word for word. Bract fol. 1386. Literally, from word to word.
Of the signification of words. An important title of the Digests or Pandects, (Dig. 50, 16,) consisting entirely of definitions of words and phrases used in the Roman law.
DE VI LAICA AMOVENDA. Writ of (or for) removing lay force. A writ which lay where two parsons contended for a church, and one of them entered into It with a great number of laymen, and held out the other vi et armis; then he that was holden out had this writ directed to the sheriff, that he remove the force. Reg. Orig. 59; Fitzh. Nat. Brev. 54, D.
DE VICINETO. From the neighborhood, or vicinage. 3 Bl. Comm. 360. A term ap­plied to a jury.
DE WARRANTIA CHARTS. Writ of warranty of charter. A writ which lay for him who was enfeoffed, with clause of war­ranty, [in the charter of feoffment,] and was afterwards impleaded in an assise or other action, in which he could not vouch or call to warranty; in which case he might have this writ against the feoffor, or his heir, to compel him to warrant the land unto him. Reg. Orig. 1576; Fitzh. Nat. Brev. 134, D. Abolished by St. 3 & 4 Wm. IV. c. 27.
DE WARRANTIA DIEI. A writ that lay where a man had a day in any action to appear in proper person, and the king at that day, or before, employed him in some service, so that he could not appear at the day in court It was directed to the justices, that they should not record him to be in default for his not appearing. Fitzh. Nat Brev. 17, A; Termes de la Ley.
DEACON. In ecclesiastical law. A min­ister or servant in the church, whose office is


to assist the priest in divine service and the distribution of the sacrament. It is the low­est order in the Church of England.
DEAD BODY. A corpse. The body of a human being, deprived of life, but not yet en­tirely disintegrated. Meads v. Dougherty County, 98 Ga. 697, 25 S. E. 915.
DEAD FREIGHT. When a merchant who has chartered a vessel puts on board a part only of the intended cargo, but yet, hav­ing chartered the whole vessel, is bound to pay freight for the unoccupied capacity, the freight thus due is called "dead freight" Gray v. Carr, L. R. 6 Q. B. 528; Phillips ?. Rodie, 15 East. 547.
DEAD LETTERS. Letters which the postal department has not been able to deliver to the persons for whom they were intended. They are sent to the "dead-letter office," where they are opened, and returned to the writer if his address can be ascertained.
DEAD MAN'S PART. In English law. That portion of the effects of a deceased per­son which, by the custom of London and York, is allowed to the administrator; being, where the deceased leaves a widow and chil­dren, one-third; where he leaves only a wid­ow or only children, one-half; and, where he leaves neither, the whole. This portion the administrator was wont to apply to his own use, till the statue 1 Jac. II. c. 17, declared that the same should be subject to the stat­ute of distributions. 2 Bl. Comm. 518; 2 Steph. Comm. 254; 4 Reeve, Eng. Law, 83. A similar portion in Scotch law is called "dead's part," (q. v.)
DEAD-PLEDGE. A mortgage; mortuum vadium.
DEAD RENT. In English law. A rent payable on a mining lease in addition to a royalty, so called because it is payable al­though the mine may not be worked.
DEAD USE. A future use.
DEADHEAD. This term is applied to persons other than the officers, agents, or em­ployes of a railroad company who are per­mitted by the company to travel on the road without paying any fare therefor. Gardner T. Hall, 61 N. C. 21.
DEADLY FEUD. In old European law. A profession of irreconcilable hatred till a person is revenged even by the death of his enemy.
DEADLY WEAPON. Such weapons or instruments as are made and designed for offensive or defensive purposes, or for the destruction of life or the infliction of injury. Com. v. Branham, 8 Bush (Ky.) 387.
A deadly weapon Is one likely to produce
death or great bodily harm. People ?. Fuqua, 58 Cal. 245.
A deadly weapon is one which in the man­ner used is capable of producing death, or of inflicting great bodily injury, or seriously wounding. McReynolds y. State, 4 Tex. App. 327.
DEAD'S PART. In Scotch law. The part remaining over beyond the shares se­cured to the widow and children by law. Of this the testator had the unqualified disposal. Bell.
DEAF AND DUMB. A man that is born deaf, dumb, and blind is looked upon by the law as in the same state with an idiot, he being supposed incapable of any understand­ing. 1 Bl. Comm. 304. Nevertheless, a deaf and dumb person may be tried for felony if the prisoner can be made to understand by means of signs. 1 Leach, C. L. 102.
DEAFFOREST. In old English law. To discharge from being forest. To free from forest laws.
DEAL. To traffic; to transact business; to trade. Makers of an accommodation note are deemed dealers with whoever discounts it. Vernon v. Manhattan Co., 17 Wend. (N. T.) 524.
—Dealer. A dealer, in the popular, and there­fore in the statutory, sense of the word, is not one who buys to keep, or makes to sell, but one who buys to sell again. Norris v. Com., 27 Pa. 496; Com. v. Campbell, 33 Pa. 380.—Dealings. Transactions in the course of trade or business. Held to include payments to a bankrupt. Moody & M. 137; 3 Car. & P. 85.—Dealers* talk. The puffing of goods to induce the sale thereof; not regarded in law as fraudulent un­less accompanied by some artifice to deceive the purchaser and throw him off his guard or some concealment of intrinsic defects not easily dis­coverable. Kimball v. Bangs, 144 Mass. 321, 11 N. E. 113; Reynolds v. Palmer (a C.) 21 Fed. 433.
DEAN. In English ecclesiastical law. An ecclesiastical dignitary who presides over the chapter of a cathedral, and is next in rank to the bishop. So called from having been originally appointed to superintend ten canons or prebendaries. 1 Bl. Comm. 382; Co. Litt. 95; Spelman.
There are several kinds of deans, namely: Deans of chapters; deans of peculiars; rural deans ; deans in the colleges; honorary deans; deans of provinces.
—Dean and chapter. In ecclesiastical law. The council of a bishop, to assist him with their advice in the religious and also in the temporal affairs of the see. 3 Coke, 75; 1 Bl. Comm. 382; Co. Litt. 103, 300.—Dean of the arches. The presiding judge of the Court of Arches. He is also an assistant judge in the court of admiralty. 1 Kent, Comm. 371; 3 Steph. Comm. 727.
DEATH. The extinction of life; the de­parture of the soul from the body; defined by physicians as a total stoppage of the cir­culation of the blood, and a cessation of the


animal and vital functions consequent there­on, such as respiration, pulsation, etc.
In legal contemplation, it is of two kinds:
(1)Natural death, i. e., the extinction of life;
(2)Civil death, which is that change in a per­son's legal and civil condition which deprives him of civic rights and juridical capacities and qualifications, as natural death extin­guishes his natural condition. It follows as a consequence of being attainted of treason or felony, in English law, and anciently of enter­ing a monastery or abjuring the realm. The person in this condition is said to be civiliter mortuus, civilly dead, or dead in law. Bal­timore v. Chester, 53 Vt. 319, 38 Am. Rep. 677; Avery v. Everett, 110 N. Y. 317, 18 N. E. 148, 1LE. A. 264, 6 Am. St. Rep. 368; In re Donnelly's Estate, 125 Cal. 417, 58 Pac. 61, 73 Am. St. Rep. 62; Troup v. Wood, 4 Johns. Ch. (N. Y.) 248; Coffee v. Haynes, 124 Cal. 561, 57 Pac. 482, 71 Am. St Rep. 99.
"Natural" death is also used to denote a death which occurs by the unassisted opera­tion of natural causes, as distinguished from a "violent" death, or one caused or accelerat­ed by the interference of human agency.
Death, -warrant. A warrant from the proper executive authority appointing the time and place for the execution of the sen­tence of death upon a convict judicially con­demned to suffer that penalty.
Death watch. A special guard set to watch a prisoner condemned to death, for some days before the time for the execution, the special purpose being to prevent any escape or any attempt to anticipate the sen­tence.
DEATH-BED. In Scotch law. A state of sickness which ends in death. Ersk. Inst. 3, 8, 95.
—Death-bed deed. In Scotch law. A deed made by a person while laboring under a dis­temper of which he afterwards died. Ersk. Inst. 3, 8, 96. A deed is understood to be in death-bed, if, before signing and delivery there­of, the grantor was sick, and never convalesced thereafter. 1 Forbes, Inst. pt. 3, b. 2, c. 4, tit. 1, § 1. But it is not necessary that he should be actually confined to his bed at the time of making the deed. Bell.
DEATH'S PART. See Dead's Part; Dead Man's Pabt.
DEATHSMAN. The executioner; hang­man; he that executes the extreme penalty of the law.
DEBAUCH. To entice, to corrupt, and, when used of a woman, to seduce. Origi­nally, the term had a limited signification, meaning to entice or draw one away from his work, employment, or duty; and from this- sense its application has enlarged to in­clude the corruption of manners and viola­tion of the person. In its modern legal sense, the word carries with it the idea of "carnal
knowledge," aggravated by assault, violent seduction, ravishment. Koenig v. Nott, 2 Hilt. (N. Y.) 323. And see Wood v. Mathews, 47 Iowa, 410; State v. Curran, 51 Iowa, 112, 49 N. W. 1006.
DEBENTURE. A certificate given by the collector of a port, under the United States customs laws, to the effect that an importer of merchandise therein named is entitled to a drawback, (g. v.,) specifying the amount and time when payable. See Act Cong. March 2, 1799, § 80.
In English law. A security for a loan of money issued by a public company, usually creating a charge on the whole or a part of the company's stock and property, though not necessarily in the form of a mortgage. They are subject to certain regulations as to the mode of transfer, and ordinarily have coupons attached to facilitate the payment of interest. They are generally issued in a series, with provision that they shall rank pari passu in proportion to their amounts. See Bank v. Atkins, 72 Vt 33, 47 Atl. 176.
An instrument in use in some government departments, by which government is charged to pay to a creditor or his assigns the sum found due on auditing his accounts. Brande; Blount.
DEBENTURE STOCK. A stock or fund representing money borrowed by a company or public body, in England, and charged on the whole or part of its property.
Debet esse finis litinm. There ought to be an end of suits; there should 'be some pe­riod put to litigation. Jenk. Cent 61.
DEBET ET DETJNET. He owes and de­tains. Words anciently used in the original writ, (and now, in English, in the plaintiff's declaration,) in an action of debt, where it was brought by one of the original contract­ing parties who personally gave the credit, against the other who personally incurred the debt, or against his heirs, if they were bound to the payment; as by the obligee against the obligor, by the landlord against the tenant etc. The declaration, in such cases, states that the defendant "owes to," as well as "de­tains from," the plaintiff the debt or thing in question; and hence the action is said to be "in the debet et detinet." Where the dec­laration merely states that the defendant detains the debt, (as in actions by and against an executor for a debt due to or from the testator,) the action is said to be "in the detinet" alone. Fitzh. Nat Brev. 119, G.; 3 Bl. Oomm. 155.
DEBET ET SOLET. (Lat He owes and is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseised, as of a suit at a mill or in case of a writ of quod permittat,


lie brings Ms writ in the debet et sole*. Reg. Orig. 144a; Fitzh. Nat. Brev. 122, M.
Itolet quis juri subjacere nbi delin-quit. One [every one] ought to be subject to the law [of the place] where he offends. 3 Inst. 84. This maxim is taken from Bracton. Bract fol. 1546.
Debet sua cnique <domiis esse perfugi-um tutissimnm. Every man's house should be a perfectly safe refuge. Clason v. Shot-well, 12 Johns. (N. Y.) 31, 54.
Debile fnndamentnm falllt opus. A
weak foundation frustrates [or renders vain] the work [built upon it.] Shep- Touch. 60', Noy, Max. 5, max. 12; Finch, Law, b. 1, ch.
3. When the foundation fails, all goes to
the ground; as, where the cause of action
fails, the action itself must of necessity fail.
Wing, Max., 113, 114, max. 40; Broom, Max.
DEBIT. A sum charged as due or owing. The term is used in book-keeping to denote the charging of a person or an account with all that is supplied to or paid out for him or for the subject of the account.
DEBITA FUNDI. L. Lat. In Scotch law. Debts secured upon land. Ersk. Inst.
4, 1, 11.
DEBITA LAICORUM. L. Lat. In old English law. Debts of the laity, or of lay persons. Debts recoverable in the civil courts were anciently so called. Crabb, Eng. Daw, 107.
Debita gequnntur personam, debitorls.
Debts follow the person of the debtor; that is, they have no locality, and may be collect­ed wherever the debtor can be found. 2 Kent, Comm. 429; Story, Confl. Laws, § 362.
DEBITOR. In the civil and old English law. A debtor.
Debitor non prsesnmitnr donare. A
debtor is not presumed to make a gift. Whatever disposition he makes of his prop­erty is supposed to be in satisfaction of his debts. 1 Karnes, Eq. 212. Where a debtor gives money or goods, or grants land to his creditor, the natural presumption is that he means to get free from his obligation, and not to make a present, unless donation be expressed. Ersk. Inst. 3, 3, 93.
Debitorum pactionibns creditorum petitio nee tolli nee minui potest. 1
Poth. Obi. 108; Broom, Max. 697. The rights of creditors can neither be taken away nor diminished by agreements among the debtors.
DEBITB.IX. A. female debtor.
DEBITTJM. Something due, or owing; a debt.
Debitum et contractus sunt nullius loci. Debt and contract are of [belong to] no place; have no particular locality. The obligation in these cases is purely personal, and actions to enforce it may be brought anywhere. 2 Inst. 231; Story, Oonfl. Laws, § 362; 1 Smith, Lead. Cas. 340, 363.
DEBITUM IN PRJESENTI SOLVEN-DUM IN FUTURO. A debt or obligation complete when contracted, but of which the performance cannot be required till some fu­ture period.
DEBITUM SINE BBEVI. L. Lat. Debt without writ; debt without a declara­tion. In old practice, this term denoted an action begun by original bill, instead of by writ. In modern usage, it is sometimes ap­plied to a debt evidenced by confession of judgment without suit. The equivalent Nor­man-French phrase was "debit sans breve." Both are abbreviated to d. 8. 6.
DEBT. A sum of money due by certain and express agreement; as by bond for a de­terminate sum, a bill or note, a special bar­gain, or a rent reserved on a lease, where the amount is fixed and specific, and does not depend upon any subsequent valuation to settle it. 3 Bl. Comm. 154; Camden v. Allen, 26 N. J. Law, 398; Appeal of City of Erie, 91 Pa. 398; Dickey v. Leonard, 77 Ga. 151; Hagar v. Reclamation Dist, 111 U. S. 701, 4 Sup. Ct 663, 28 L. Ed. 569; Appeal Tax Court v. Rice, 50 Md. 302.
A debt is a sum of money due by contract. It is most frequently due (by a certain and ex­press agreement, which fixes the amount, in­dependent of extrinsic circumstances. But it is not essential that the contract should be express, or that it should fix the precise amount to be paid. U. S. v. Colt, 1 Pet O. C. 145, Fed. Cas. No. 14,839.
Standing alone, the word "debt" is as applica­ble to a sum of money which has been promised at a future day, as to a sum of money now due and payable. _ To distinguish between the two, it may be said of the former that it is a debt owing, and of the latter that it is a debt due. Whether a claim or demand is a debt or not is in no respect determined by a reference to the time of payment A sum of money which is certainly and in all events payable is a debt, without regard to the fact whether it be pay­able now or at a future time. A sum payable upon a contingency, however, is not a debt, or does not become a debt until the contingency has happened. People v. Arguello, 37 Cal. 624.
The word "debt" is of large import, includ­ing not only debts of record, or judgments, and debts by specialty, but also obligations arising under simple contract, to a very wide extent; and in its popular sense includes all that is due to a man under any form of obligation or promise. Gray v. Bennett, 3 Mete. (Mass.) 522, 526.
"Debt" has been differently defined, owing to the different subject-matter of the statutes in which it has been used. Ordinarily, it imports


a sum of money arising upon a contract, express or implied. In its more general sense, it is de­fined to be that which is due from one person to another, whether money, goods, or services; that which one person is bound to pay or per­form to another. Under the legal-tender stat­utes, it seems to import any obligation by con­tract, express or implied, which may be dis­charged by money through the voluntary action of the party bound. Wherever he may be at liberty to perform his obligation by the payment of a specific sum of money, the party owing the obligation is subject to what, in these statutes, is termed "debt." Kimpton v. Bronson, 45 Barb. (N. T.) 618.
The word is sometimes used to denote an aggregate of separate debts, or the total sum of the existing claims against a person or company. Thus we speak of the "national debt," the "bonded debt" of a corporation, etc.
Synonyms. The term "demand" is of much broader import than "debt," and em­braces rights of action belonging to the debt­or beyond those which could appropriately be called "debts." In this respect the term "de­mand" is one of very extensive import In re Denny, 2 Hill (N. T.) 223.
The words "debt" and "liability" are not synonymous. As applied to the pecuniary relations of parties, liability is a term of broader significance than debt. The legal acceptation of debt is a sum of money due by certain and express agreement. Liability is responsibility; the state of one who is bound in law and justice to do something which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts commit­ted. McElfresh v. Kirkendall, 36 Iowa, 226.
"Debt" is not exactly synonymous with "duty." A debt is a legal liability to pay a specific sum of money; a duty is a legal ob­ligation to perform some act. Allen v. Dick­son, Minor (Ala.) 120.
In practice. The name of a common-law action, which lies to recover a certain spe­cific sum of money, or a sum that can read­ily be reduced to a certainty. 3 Bl. Comm. 154; 3 Steph. Comm. 461; 1 Tidd. Pr. 3.
It is said to lie in the debet and detinet, (when it is stated that the defendant owes and detains,) or in the detinet, (when it is stated merely that he detains.) Debt in the detinet for goods differs from detinue, because it is not es­sential in this action, as in detinue, that the specific property in the goods should have been vested in the plaintiff at the time the action is brought. Dyer, 246.
—Debt by simple contract. A debt or de­mand founded upon a verbal or implied con­tract, or upon any written agreement that is not under seal.—'Debt by specialty. A debt due, or acknowledged to be due, by some deed or instrument under seal; as a deed of cove­nant or sale, a lease" reserving rent, or a bond or obligation. 2 Bl. Comm. 4651; Kerr v. Ly-decker, 51 Ohio St. 240, 37 N. B. 267, 23 I* R. A. 842; Marriott v. Thompson, Willes, 189. —Debt ex mntno. A species of debt or obli­gation mentioned by Glanville and Bracton, and which arose em inutuo, out of a certain kind of loan. Glan. lib. 10, c. 3; Bract, fol. 99. See Mutuum; Etx Mutuo.—Debt of record. A
debt which appears to be due by the evidence of a court of record, as by a judgment or re­cognizance. 2 Bl. Comm. 465.—Legal debts. Those that are recoverable in a court of com­mon law,, as debt on a bill of exchange, a bond, or a simple contract. Rogers v. Daniell, 8 Allen (Mass.) 348; Guild v. Walter, 182 Mass. 225, 65 N. E. 68.—Mutual debts. Money due on both sides between two persons.—Passive debt. A debt upon which, by agreement be­tween the debtor and creditor, no interest is payable, as distinguished from active debt; t. e., a debt upon which interest is payable. In this sense, the terms "active" and "passive" are applied to certain debts due from the Spanish government to Great Britain. Wharton. In another sense of the words, a debt is "active" or "passive" according as the person of the cred­itor or debtor is regarded; a passive debt being that which a man owes; an active debt that which is owing to him. In this meaning every debt is both active and passive,—active as re­gards the creditor, passive as regards the debtor. —Public debt. That which is due or owing by the government of a state or nation. The terms "public debt" and "public securities," used in legislation, are terms generally applied to national or state obligations and dues, and would rarely, if ever, be construed to include town debts or obligations; nor would the term "public revenue" ordinarily be applied to funds arising from town taxes. Morgan v. Cree, 46 Vt. 773, 14 Am. Rep. 640.—Pure debt. In Scotch law. A debt due now and uncondition­ally is so called. It is thus distinguished from a future debt,—payable at a fixed day in the future,—and a contingent debt, which will only become due upon the happening of a certain con­tingency.—Simple contract debt. One where the contract upon which the obligation arises is neither ascertained by matter of record nor yet by deed or special instrument, but by mere oral evidence the most simple of any, or by notes unsealed, which are capable of a more easy proof, and therefore only better than a verbal promise. 2 Bl. Comm. 466.
DEBTEE. A person to whom a debt is due; a creditor. 3 Bl. Comm. 18; Plowd. 543. Not used.
DEBTOR. One who owes a debt; he who may be compelled to pay a claim or de­mand.
—Common debtor. In Scotch law. A debtor whose effects have been arrested by several cred­itors. In regard to these creditors, he is their common debtor, and by this term is distinguish­ed in the proceedings that take place in the competition. Bell.—Debtor's act 1869. The statute 32 & 33 Vict. c. 62, abolishing impris­onment for debt in England, and for the punish­ment of fraudulent debtors. 2 Steph. Comm. 159-164. Not to be confounded with the Bank­ruptcy Act of 1869. Mozley & Whitley.—Debt­or's summons. In English law. A summons issuing from a court having jurisdiction in bank­ruptcy, upon the creditor proving a liquidated debt of not less than £50, which he has failed to collect after reasonable effort, stating that if the debtor fail, within one week if a trader, and within three weeks if a non-trader, to pay or compound for the sum specified, a petition may be presented against him praying that he may be adjudged a bankrupt. Bankruptcy Act 1869, § 7; Robs. Bankr.; Mozley & Whitley.
DECALOGUE. The ten commandments given by God to Moses. The Jews called them the "Ten Words," hence the name.
DECANATUS. A deanery. Spelman. A company of ten persons. Calvin.


DECANIA. The office, jurisdiction, ter­ritory, or command of a decanus, or dean. Spelman.
DECANUS. In ecclesiastical and old European law. An officer having super­vision over ten; a dean. A term applied not only to ecclesiastical, but to civil and mili­tary, officers. Decanus monasticus; a mo­nastic dean, or dean of a monastery; an offi­cer over ten monks. Decanus in majori ecclesice; dean of a cathedral church, pre­siding over ten prebendaries. Decanus epis-copi; a bishop's or rural dean, presiding over ten clerks or parishes. Decanus friborgi; dean of a friborg. An officer among the Sax­ons who presided over a friborg, tithing, decennary, or association of ten inhabitants; otherwise called a "tithing man," or "bors-holder." Decanus militarist a military offi­cer, having command of ten soldiers. Spel­man.
In Roman law. An officer having the command of a company or "mess" of ten soldiers. Also an officer at Constantinople having charge of the burial of the dead.
DECAPITATION. The act of behead­ing. A mode of capital punishment by cut­ting off the head.
DECEASE, n. Death; departure from life, not including civil death, (see Death.) In re Zeph's Estate, 50 Hun, 523, 3 N. Y. Supp. 460.
DECEASE, v. To die; to depart life, or from life. This has always been a common term in Scotch law. "Gif ane man deceas-is." Skene.
DECEDENT. A deceased person; one who has lately died. Etymologically the word denotes a person who is dying, but it has come to be used in law as signifying any defunct person, (testate or intestate,) hut always with reference to the settlement of his estate or the execution of his will. In re #eph*s Estate, 50 Hun, 523, 3 N. Y. Supp. 460.
DECEIT. A fraudulent and cheating mis­representation, artifice, or device, used by one or more persons to, deceive and trick an­other, who is ignorant of the true facts, to the prejudice and damage of the party im­posed upon. People v. Chadwick, 143 Cal. 116, 76 Pac. 884; Reynolds v. Palmer (C. C.) 21 Fed. 433; French v. Vining, 102 Mass. 132, 3 Am. Rep. 440; Swift v. Rounds, 19 R. I. 527, 35 Atl. 45, 33 L. R. A. 561, 61 Am. St. Rep. 791; In re Post, 54 Hun, 634, 7 N. Y. Supp. 438; Civ. Code Mont. 1895, § 2292.
A subtle trick or device, whereunto may be referred all manner of craft and collusion used to deceive and defraud another by any means whatsoever, which hath no other or
more proper name than deceit to distinguish the offense. [West Symb. § 68;] Jacob.
The word "deceit," as well as "fraud," ex­cludes the idea of mistake, and imports knowl­edge that the artifice or device used to deceive or defraud is untrue. Farwell v. Metcalf, 61 111. 373.
In old English law. The name of an original writ, and the action founded on It, which lay to recover damages for any injury committed deceitfully, either in the name of another, (as by bringing an action in anoth­er's name, and then suffering a nonsuit, whereby the plaintiff became liable to costs,) or by a fraudulent warranty of goods, or other personal injury committed contrary to good faith and honesty. Reg. Orig. 112-116; Fitzh. Nat. Brev. 95, E, 98.
Also the name of a judicial writ which formerly lay to recover lands which had been lost by default by the tenant in a real action, in consequence of his not having been summoned by the sheriff, or by the collusion of his attorney. Rose. Real Act 136; 3 Bt. Comm. 166.
—Deceitful plea. A sham plea; one alleging as facts things which are obviously false on the face of the plea. Gray v. Gidiere, 4 Strob. (S. C.) 443.
DECEM TALES. (Ten such; or ten tales, jurors.) In practice. The name of a writ which issues in England, where, on a trial at bar, ten jurors are necessary to make up a full panel, commanding the sheriff to summon the requisite number. 3 Bl. Comm. 364; Reg. Jud. 306; 3 Steph. Comm. 602.
Lat. In the Roman law. Ten persons (five senators and five equites) who acted as the council or assistants of the praetor, when he decided on matters of law. Hallifax, Civil Law, b. 3, c. 8. According to others, they were themselves judges. Calvin.
DECENNA. In old English law. A tith­ing or decennary; the precinct of a frank­pledge; consisting of ten freeholders with their families. Spelman.
DECENNARIUS. Lat One who held" one-half a virgate of land. Du Cange. One of the ten freeholders in a decennary. Id.; Oalvin. Decennier. One of the decennaril, or ten freeholders making up a tithing. Spelman.
DECENNARY. A tithing, composed of ten neighboring families. 1 Reeve, Eng. Law, 13; 1 Bl. Comm. 114.
Deceptis non decipientibus, jura nb> veniunt. The laws help persons who are deceived, not those deceiving. Tray. Lat Max. 149.
DECERN. In Scotch law. To decree. "Decernit and ordainit." 1 How. State Tr. 927. "Decerns." Shaw, 10.


DECESSUS. In the civil and old English law. Death; departure.
Decet tamen.' principem servare leges qnibus ipse servatus est. It behoves, in­deed, the prince to keep the laws by which he himself Is preserved.
DECIDE. To decide includes the power and right to deliberate, to weigh the rea­sons for and against, to see which pre­ponderate, and to be governed by that pre­ponderance. Darden v. Lines, 2 Fla. 571; Com. v. Anthes, 5 Gray (Mass.) 253; In re Milford A M. R. Co., 68 N. H. 570, 36 Atl. 545.
DECEES TANTUM. (Ten times as much.) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe.
DECIMJB. In ecclesiastical law. Tenths, or tithes. The tenth part of the annual prof­it of each living, payable formerly to the 'pope. There were several valuations made of these livings at different times. The de-dm<B (tenths) were appropriated to the crown, and a new valuation established, by 26 Hen. VIII., a 3. 1 Bl. Comm. 284. See Tithes.
Decimse debentur paroeho. Tithes are due to the parish priest.
Decimse de decimatis solvi non debent.
Tithes are not to be paid from that which is given for tithes.
Decimse de jure divino et canonica in-stitutione pertinent ad personam. Dal. 50. Tithes belong to the parson by divine right and canonical institution.
Decimse non debent solvi, nbi non est annua renovatio; et ex annnatis reno-vantibus sinrnl semel. Cro. Jac. 42. Tithes ought not to be paid where there is not an annual renovation, and from annual renovations once only.
DECIMATION. The punishing every tenth soldier by lot, for mutiny or other fail­ure of duty, was termed "decimatfo legio-nW by the Romans. Sometimes only the twentieth man was punished, (vicesimatio,) or the hundredth, (centesimatio.)
DECIME. A French coin of the value of the tenth part of a franc, or nearly two cents,
Deoipi quant fallere est tntins. It Is safer to be deceived than to deceive. Lofft, 39a
DECISION. In practice. A judgment or decree pronounced by a court in settle­ment of a controversy submitted to It and Bi»Law Diot.(2d Ed.)—22
by way of authoritative answer to the ques­tions raised before it. Adams v. Railroad Co., 77 Miss. 194, 24 South. 317, 60 L. R. A. 33; Board of Education v. State, 7 Kan. App. 620, 52 Pac. 466; Halbert v. Alford (Tex.) 16 S. W. 814.
"Decision" is not synonymous with "opin­ion." A decision of. the court is its judg­ment; the opinion is the reasons given for that judgment Houston v. Williams, 13 Cal. 27, 73 Am. Dec. 565; Craig v. Bennett, 158 Ind. 9, 62 N. E. 273.
DECISIVE OATH. In the civil law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his ad­versary, which the adversary was bound to accept, or tender the same proposal back again, otherwise the whole was taken as confessed by him. Cod. 4, 1, 12.
DECLARANT. A person who makes a declaration.
DECLARATION*. In pleading. The
first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sec­tions or divisions, called "counts," and its formal parts follow each other in this or­der: Title, venue, commencement, cause of action, counts, conclusion. The declaration, at common law, answers to the "libel" in ecclesiastical and admiralty law, the "bill" in equity, the "petition" in civil law, the "complaint" In code pleading, and the "count" In real actions. U. S. v. Ambrose, 108 U. S. 336, 2 Sup. Ct. 682, 27 L. Ed. 746; Buckingham v. Murray, 7 Houst. (Del.) 176, 30 Atl. 779; Smith v. Fowle, 12 Wend. (N. Y.) 10; Railway Co. v. Nugent, 86 Md. 349, 38 Atl. 779, 39 L. R. A. 161.
In evidence. An unsworn statement or narration of facts made by a party to the transaction, or by one who has an Interest In the existence of the facts recounted. Or a similar statement made by a person since deceased, which is admissible in evidence In some cases, contrary to the general rule, e. g., a "dying declaration."
In practice. The declaration or declara­tory part of a judgment, decree, or order is that part which gives the decision or opinion of the court on the question of law in the case. Thus, in an action raising a question as to the construction of a will, the judg­ment or order declares that, according to the true construction of the will, the plain­tiff has become entitled to the residue of the testator's estate, or the like. Sweet.
In Scotch, practice. The statement of a criminal or prisoner, taken before a magis­trate. 2 Alls. Crim. Pr. 555.
—Declaration of Independence. A formal declaration or announcement, promulgated July


4, 1776, by the congress of the United States of America, in the name and behalf of the people of the colonies, asserting and proclaiming their independence of the British crown, vindicating their pretensions to political autonomy, and an­nouncing themselves to the world as a free and independent nation.—Declaration of inten­tion. A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is bona fide his in­tention to become a citizen of the United States, and to renounce forever all allegiance and fideli­ty to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. Rev. St. § 2165 (U. S. Comp. St. 1901, p. 1329).—Declaration of Paris. The name given to an agreement announcing four important rules of international law effect­ed between the principal European powers at the Congress of Paris in 1856. These rules are: (1) Privateering is and remains abolished; (2) the neutral flag covers enemy's goods, except contraband of war; (3) neutral goods, except contraband of war, are not liable to confisca­tion under a hostile flag; (4) blockades, to be binding, must be effective.—Declaration of right. See Bill, of Rights.—Declaration of trust. The act by which the person who holds the legal title to property or -an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified purposes. The name is also used to designate the deed or other writing embodying such a declaration. Griffith v. Max-field, 66 Ark. 513, 51 S. W. 832.—Declaration of war. A public and formal proclamation by a nation, through its executive or legislative de­partment, that a state of war exists between itself and another nation, and forbidding all per­sons to aid or assist the enemy.—Dying dec­larations. Statements made by a person who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in which he received the injuries of which he is dying, or other immediate cause of his death, and in reference to the person who inflicted such injuries or the connection with such injuries of a person who is charged or suspected of having committed them; which statements are admissible in evidence in a trial for homicide where the killing of the declarant is the crime charged to the defendant. Simons v. People, 150 111. 66, 36 N. El 1019; State v. Trusty, 1 Pennewill (Del.) 319, 40 Atl. 766; State v. Jones, 47 TLa. Ann. 1524, 18 South. 515; Bell v. State, 72 Miss. 507, 17 South. 232; People v. Fuhrig, 127 Cal. 412, 59 Pac. 693; State v. Parham, 48 La. Ann. 1309, 20 South. 727.
DECLARATOR. In Scotch law. An action whereby it is sought to have some right of property, or of status, or other right judicially ascertained and declared. Bell.
—Declarator of trust. An action resorted to against a trustee who holds property upon titles ex facie for his own benefit. Bell.
DECLARATORY. Explanatory; design­ed to fix or elucidate what before was un­certain or doubtful.
—Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise called an "ac­tion of declarator."—Declaratory decree. In practice. A binding declaration of right in eq­uity without consequential relief.—Declara­tory judgment. A declaratory judgment is one which simply declares the rights of the par­ties, or expresses the opinion of the court on a question of law, without ordering anything to
be done.—Declaratory part of * law. That which clearly defines rights to bf observed and wrongs to be eschewed.—Declaratory stat­ute. One enacted for the purpose of removing doubts or putting an end to conflicting deci­sions in regard to what the lew is in relation to a particular matter. It nay either be ex­pressive of the common law, (1 Bl. Comm. 86; Gray v. Bennett, 3 Mete [Mass.] 527;) or may declare what shall be taken to be the true mean­ing and intention of a previous statute, though in the latter case such enactments are more commonly called "expository statutes."
DECLARE. To solemnly assert a fact before witnesses, e. g., where a testator de­clares a paper signed by him to be his last will and testament. Lane v. Lane, 95 N. Y. 498.
This also Is one of the words customarily used in the promise given by a person who is affirmed as a witness,—"sincerely and truly declare and affirm." Hence, to make a posi­tive and solemn asseveration. Bassett v. Denn, 17 N. J. Law, 433.
With reference to pleadings, it means to draw up, serve, and file a declaration; e. g., a "rule to declare." Also to allege in a dec­laration as a ground or cause of action; as "he declares upon a promissory note."
DECLINATION. In Scotch law. A plea-to the jurisdiction, on the ground that the judge is interested in the suit.
DECLINATOIRES. In French law. Pleas to the jurisdiction of the court; also of lis pendens, and of eonnexite", (q. v.)
DECLINATORY PLEA. In English practice. The plea of sanctuary, or of bene­fit of clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note; Id. 436, note.
DECLINATURE. In Scotch practice. An objection to the jurisdiction of a judge. Bell.
DECOCTION. The act of boiling a sub­stance in water, for extracting its virtues. Also the liquor in which a substance has been boiled; water impregnated with the princi­ples of any animal or vegetable substance boiled in it Webster; Sykes v. Magone (C. C.) 38 Fed. 497.
In an indictment "decoction" and "in­fusion" are ejusdem generis; and if one is al­leged to have been administered, instead of the other, the variance is immaterial. 3 Camp. 74.
DECOCTOR. In the Roman law. A bankrupt; a spendthrift; a squanderer of public funds. Calvin.
DECOLLATIO. In old English and Scotch law. Decollation; the punishment of beheading. Fleta, lib. 1, c. 21, § 6.
DECONFES. In French law. A name formerly given to those persons who died


without confession, whether they refused to confess or whether they were criminals to whom the sacrament was refused.
DECOY. To inveigle, entice, tempt, or lure; as, to decoy a person within the ju­risdiction of a court so that he may be serv­ed with process, or, to decoy a fugitive crim­inal to a place where he may be arrested without extradition papers, or to decoy one away from his place of residence for the pur­pose of kidnapping him and as a part of that act. In all these uses, the word implies en­ticement or luring by means of some fraud, trick, or temptation, but excludes the idea of force. Eberling v. State, 136 Ind. 117, 35 N. E. 1023; John v. State, 6 Wyo. 203, 44 Pac. 51; Campbell v. Hudson, 106 Mich. 523, 64 N. W. 483.
—Decoy letter. A letter prepared and mail­ed for the purpose of detecting a criminal, par­ticularly one who is perpetrating frauds upon the postal or revenue laws. U. S. v. Whittier, 5 Dill. 39, Fed. Cas. No. 16,688.—Decoy pond. A pond used for the breeding and maintenance of water-fowl. Keeble v. Hickeringshall, 3 Salk. 10.
DECREE. In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and under­standing all the points in issue, and deter­mining the right of all the parties to the suit, according to equity and good conscience. 2 Daniell, Ch. Pr. 986; Wooster v. Handy (a C.) 23 Fed. 56; Rowley v. Van Benthuysen, 16 Wend. (N. Y.) 383; Vance v. Rockwell, 3 Colo. 243; Halbert v. Alford (Tex.) 16 S. W. 814.
Decree is the judgment of a court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A decree, as distinguished from an order, is final, and is made at the hearing of the cause, where­as an order is interlocutory, and is made on mo­tion or petition. Wherever an order may, in a certain event resulting from the direction con­tained in the order, lead to the termination of the suit in like manner as a decree made at the hearing, it is called a "decretal order." Brown.
In French law. Certain acts of the leg­islature or of the sovereign which have the force of law are called "decrees;" as the Ber­lin and Milan decrees.
In Scotch law. A final judgment or sen­tence of court by which the question at issue between the parties is decided.
Classification. Decrees in equity are ei­ther final or interlocutory. A final decree is one which fully and finally disposes of the whole litigation, determining all questions raised by the case, and leaving nothing that requires further judicial action. Travis v. Waters, 12 Johns. (N. Y.) 508; Mills v. Hoag, 7 Paige (N. Y.) 19, 31 Am. Dec. 271; Core v. Strickler, 24 W. Va. 689; Ex parte Crit­tenden, 10 Ark. 339. An interlocutory decree is a provisional or preliminary decree, which is not final and does not determine the suit,
but directs some further proceedings pre­paratory to the final decree. A decree pro­nounced for the purpose of ascertaining mat­ter of law or fact preparatory to a final de­cree. 1 Barb. Ch. Pr. 326, 327. Teaff v. Hewitt, 1 Ohio St 520, 59 Am. Dec. 634; Wooster v. Handy (C. C.) 23 Fed. 56; Beebe-v. Russell, 19 How. 283, 15 L. Ed. 668; Jen­kins v. Wild, 14 Wend. (N. Y.) 543.
—Consent decree. One entered by consent of the parties; it is not properly a judicial sen­tence, but is in the nature of a solemn con­tract or agreement of the parties, made under the sanction of the court, and in effect an ad­mission by them that the decree is a just de­termination of their rights upon the real facts of the case, if such facts had been proved. Allen v. Richardson, 9 Rich. Eq. (S. C.) 53; Kelly v. Milan (a C.) 21 Fed. 842; Schmidt v. Mining Co., 28 Or. 9, 40 Pac/1014, 52 Am. St. Rep. 759.—Decree dative. In Scotch law. An order of a probate court appointing an ad­ministrator.—Decree nisi. A provisional de­cree, which will be made absolute on motion unless cause be shown against it In English practice, it is the order made by the court for divorce, on satisfactory proof being given in support of a petition for dissolution of mar­riage ; it remains imperfect for at least six months, (which period may be shortened by the court down to three,) and then, unless sufficient cause be shown, it is made absolute on motion, and the dissolution takes effect, subject to ap­peal. Wharton.—Decree of constitution. In Scotch practice. A decree by which a debt is ascertained. Bell. In technical language, a decree which is requisite to found a title in the. person of the creditor, whether that necessity arises from the death of the debtor or of the creditor. Id.—Decree of forthcoming. In Scotch law. A decree made after an arrest­ment (g. v.) ordering the debt to be paid or the effects of the debtor to be delivered to the ar­resting creditor. Bell.—Decree of insolven­cy. One entered in a probate court, declaring the estate in question to be insolvent, that is, that the assets are not sufficient to pay the debts in full. Bush v. Coleman, 121 Ala. 548, 25 South. 569; Walker v. Newton, 85 Me. 458, 27 Atl. 347.—Decree of locality. In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivalent to the apportionment of a tithe rent-charge.— Decree of modification. In Scotch law. A decree of the teind court modifying or fixing a stipend.—Decree of nullity. One entered in a suit for the annullment of a marriage, and adjudging the marriage to have been null and void at initio See Nullity.—Decree of reg­istration. In Scotch law. A proceeding giv­ing immediate execution to the creditor; simi­lar to a warrant of attorney to confess judg­ment.—Decree pro confesso. One entered in a court of equity in favor of the complainant where the defendant has made no answer to the bill and its allegations are consequently tak­en "as confessed." Ohio Cent. R. Co. v. Central Trust Co, 133 U. S. 83, 10 Sup. Ct. 235, 33 L. Ed. 561.
DECREET. In Scotch law. The final judgment or sentence of a court
—Decreet absolvitor. A decree dismissing a claim, or acquitting a defendant. 2 Karnes, Eq. 367.—Decreet arbitral. An award of ar­bitrators. 1 Karnes, Eq. 312, 313; 2 Kames Eq. 367.—Decreet cognitionis causa. When a creditor brings his action against the heir of his debtor in order to constitute the debt against him and attach the lands, and the heir appears and renounces the succession, the court then pronounces a decree cogmtiow* causa. Bell.—Decreet condemnator. One where


the decision is in favor of the plaintiff. Ersk. Inst. 4, 3, 5.—Decreet of valuation of teinds. A sentence of the court of sessions, (Who are now in the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.
English law. Decrease of the sea; the re­ceding of the sea from the land. Callis, Sew­ers, (53,) 65. See Reliction.
DECREPIT. This term designates a per­son who is disabled, incapable, or incompe­tent, either from physical or mental weak­ness or defects, whether produced by age or other causes, to such an extent as to render the individual comparatively helpless in a personal conflict with one possessed of ordi­nary health and strength. Hall v. State, 16 Tex. App. 11, 49 Am. Rep. 824.
DECRETA. In the Roman law. Judi­cial sentences given by the emperor as su­preme judge.
Deer eta conciliorum non ligant ireges nostras. Moore, 906. The decrees of coun­cils bind not our kings.
DECRETAL ORDER. See Decbee; Ob-deb.
A supplemental collection of the canon law, published by Boniface VIII. In 1298, called, also, "Liber Sextus Decretalium," (Sixth Book of the Decretals.)
decretals of Gregory the Ninth. A collec­tion of the laws of the church, published by order of Gregory IX. in 1227. It is compos­ed of five books, subdivided into titles, and each title is divided into chapters. They are cited by using an X, (or extra;) thus "Cap. 8 X de Regulis Juris," etc.
DECRETAXS. In ecclesiastical law. Letters of the pope, written at the suit or instance of one or more persons, determining some point or question in ecclesiastical law, and possessing the force of law. The decre­tals form the second part of the body of can­on law.
This is also the title of the second of the two great divisions of the canon law, the first being called the "Decree," (decretum.)
DECRETO. In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the au­thority of the sovereign, in relation to eccle­siastical matters. Schm. Civil Law, 93, note.
DECRETUM. In the civil law. A spe­cies of imperial constitution, being a judg­ment or sentence given by the emperor upon
hearing of a cause, (quod imperator cog~ noscem decrevtt.) Inst 1, 2, 6.
In canon law. An ecclesiastical law, in contradistinction to a secular law, (lex.) 1 Mackeld. Civil Law, p. 81, § 93, (Kaufmann's note.)
DECRETUM GRATIANI. Gratian's de­cree, or decretum. A collection of ecclesias­tical law in three books or parts, made in the year 1151, by Gratian, a Benedictine monk of Bologna, being the oldest as well as the first in order of the collections which to­gether form the body of the Roman canon law. 1 Bl. Comm. 82; 1 Reeve, Eng. Law, 67.
DECROWNING. The act of depriving of a crown.
DECRT. To cry down; to deprive of credit "The king may at any time decry or cry down any coin of the kingdom, and make it no longer current" 1 BL Comm. 278.
DECURIO. Lat A decurion. In the provincial administration of the Roman em­pire, the decurions were the chief men or official personages of the large towns. Taken as a body, the decurions of a city were charg­ed with the entire control and administra­tion of its internal affairs; having powers both magisterial and legislative. See 1 Spence, Eq. Jur. 54.
DEDBANA. In Saxon law. An actual homicide or manslaughter.
DEDI. (Lat I have given.) A word used in deeds and other instruments of con­veyance when such instruments were made in Latin, and anciently held to imply a war­ranty of title. Deakins v. Hollis, 7 Gill & J. (Md.) 315.
DEDI ET CONCESSI. I have given and granted. The operative words of conveyance in ancient charters of feoffment, and deeds of gift and grant; the English "given and granted" being still the most proper, though not the essential, words by which such con­veyances are made. 2 Bl. Comm. 53, 316, 317; 1 Steph. Comm. 164, 177, 473, 474.
DEDICATE. To appropriate and set apart one's private property to some public use; as to make a private way public by acts evincing an intention to do so.
DEDICATION. In real property law. An appropriation of land to some public use, made by the owner, and accepted for such use by or on behalf of the public; a delib­erate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are com­patible with the full exercise and enjoyment


of the public uses to which the property has been devoted. People v. Marin County, 103 Oal. 223, 37 Pac. 203, 26 L. R. A. 659; Gro-gan v. Hayward (C. C.) 4 Fed. 161; Gowan t. Philadelphia Exch. Co., 5 Watts & S. (Pa.) 141, 40 Am. Dec. 489; Alden Coal Co. v. Challis, 200 111. 222, 65 N. E. 665; Barteau v. West, 23 Wis. 416; Wood v. Hurd, 34 N. J. Law, 87.
Express or implied. A dedication may be express, as where the intention to dedicate is expressly manifested by a deed or an explicit oral or written declaration of the owner, or some other explicit manifestation of his pur­pose to devote the land to the public use. An implied dedication may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that he intended a dedi­cation. Culmer v. Salt Lake City, 27 Utah, 252, 75 Pac. 620; San Antonio v. Sullivan, 23 Tex. Civ. App. 619, 57 S. W. 42; Kent v. Pratt, 73 Conn. 573, 48 Atl. 418; Hurley v. West St. Paul, 83 Minn. 401, 86 N. W. 427; People v. Marin County, 103 Cal. 223, 37 Pac 203, 26 L. R. A. 659.
Common-law or statutory. A common-law dedication is one made as above described, and may be either express or implied. A stat­utory dedication is one made under and in conformity with the provisions of a statute regu­lating the subject, and is of course necessa­rily express. San Antonio v. Sullivan, 23 Tex. Civ. App. 619, 57 S. W. 42; People v. Marin County, 103 Cal. 223, 37 Pac. 203, 26 L. R. A. 659.
In copyright law. The fiist publication of a work, without having secured a copy­right, is a dedication of it to the public; that having been done, any one may republish it. Bartlett v. Crittenden, 5 McLean, 32, Fed. Cas. No. 1,076.
DEDICATION-DAY. The feast of ded­ication of churches, or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all the neighboring villages, who usually came thither; and such assemblies were allowed as lawful. It was usual for the people to feast and to drink on those days. Cowell.
DEDIMUS ET CONCESSIMUS. (Lat. We have given and granted.) Words used by the king, or where there were more gran­tors than one, instead of dcdi et concessi.
DEDIMUS POTESTATEM. (We have given power.) In English practice. A writ or commission issuing out of chancery, em­powering the persons named therein to per-i form certain acts, as to administer oaths to defendants in chancery and take their an­swers, to administer oaths of office to justices of the peace, etc. 3 BL Comm. 447. It was anciently allowed for many purposes not now in use, as to make an attorney, to take the acknowledgment of a fine, etc.
In the United States, a commission to take testimony is sometimes termed a "dedimus potestatem." Buddicum y. Kirk, 3 Cranch,
293, 2 L. Ed. 444; Sergeant's Lessee v. Bid-die, 4 Wheat 508, 4 L. Ed. 627
DEDIMUS POTESTATEM DE AT-TOBNO FACIENDO. In old English prac­tice. A writ, issued by royal authority, em­powering an attorney to appear for a defend­ant Prior to the statute of Westminster 2, a party could not appear in court by attor­ney without this writ
DEDITION. The act of yielding up any­thing ; surrender.
DEDITITII. In Roman law. Criminals who had been marked in the face or on the body with fire or an iron, so that the mark could not be erased, and subsequently manu­mitted. Calvin.
DEDUCTION. By "deduction" is under­stood a portion or thing which an heir has a right to take from the mass of the suc­cession before any partition takes place. Civil Code La. art 1358.
DEDUCTION FOR NEW. In marine in­surance. An allowance or drawback credit­ed to the insurers on the cost of repairing a vessel for damage arising from the perils of the sea insured agajnst. This allowance is usually one-third, and is made on the theory that the parts restored with new materials are better, in that proportion than they were before the damage.
DEED. A sealed instrument containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs.
A writing containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239.
In its legal sense, a "deed" is an instru­ment in writing, upon paper or parchment, between parties able to contract, subscrib­ed, sealed, and delivered. Insurance Co. v. Avery, 60 Ind. 572; 4 Kent, Comm. 452.
In a more restricted sense, a written agree­ment signed, sealed, and delivered, by which one person conveys land, tenements, or her­editaments to another. This is its ordinary modern meaning. Sanders v. Riedinger, 30 App. Div. 277, 51 N. Y. Supp. 937; Reed v. Hazleton, 37 Kan. 321, 15 Pac. 177; Dudley v. Sumner, 5 Mass. 470; Fisher v. Pender, 52 N. C. 485.
The term is also used as synonymous with "fact," "actuality," or "act of parties." Thus a thing "in deed" is one that has been really or expressly done; as opposed to "in law," which: means that it is merely implied or pre­sumed to have been done.
—Deed in fee. A deed conveying the title to land in fee simple with the usual covenants. Rudd v. Savelli, 44 Ark. 152; Moody v. Rail­way Co., 5 Wash. 699, 32 Pac. 751.—Deed in­dented, or indenture. In conveyancing. A deed executed or purporting to be executed in


parts, between two or more parties, and dis­tinguished by having the edge of the paper or parchment on which it is written indented or cut at the top in a particular manner. This was formerly done at the top or side, in a line re­sembling the teeth of a saw; a formality de­rived from the ancient practice of dividing chiro­graphs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl. Comm. 295, 296; Litt. § 370; Smith, Cont. 12.—Deed of covenant. Covenants are sometimes enter­ed into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case. —Deed of release. One releasing property from the incumbrance of a mortgage or similar pledge upon payment or performance of the conditions; more specifically, where a deed of trust to one or more trustees has been executed, pledging real property for the payment of a debt or the performance of other conditions, substantially as in the case of a mortgage, a deed of release is the conveyance executed by the trustees, after payment or performance, for the purpose of divesting themselves of the legal title and revesting it in the original owner. See Swain v. McMillan, 30 Mont. 433, 76 Pac 943.—Deed of separation. An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whitney v. Whit­ney, 15 Misc. Rep. 72, 36 N. Y. Supp. 891.— Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions. Bank v. Pierce, 144 Gal. 434, 77 Pac. 1012. See Tbust Deed.—Deed poll. In convey­ancing. A deed of one part or made by one party only; and originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was dis­tinguished from a deed indented or indenture. As to a special use of this term in Pennsylvania in colonial times, see Herron v. Dater, 120 U. S. 464, 7 Sup. Ct. 620, 30 L. Ed. 748.—Deed to declare uses. A deed made after a fine or common recovery, to show the object there­of.—Deed to lead uses. A deed made before a fine or common recovery, to show the object thereof.
As to "Quitclaim" deed, "Tax Deed," "Trust Deed," and "Warranty" deed, see those titles.
DEEM. To hold; consider; adjudge; condemn. Cory v. Spencer, 67 Kan. 648, 73 Pac. 920, 63 L. R. A. 275; Blaufus v. People, 69 N. Y. Ill, 25 Am. Rep. 148; U. S. v. Doher-ty (D. C.) 27 Fed. 730; Leonard v. Grant (C. C.) 5 Fed. 11. When, by statute, certain acts are "deemed" to be a crime of a particular na­ture, they are such crime, and not a semblance of it, nor a mere fanciful approximation to or designation of the offense. Com. v. Pratt, 132 Mass. 247.
DEEMSTERS. Judges In the Isle of Man, who decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two in number. Spelman.
DEER-FALD. A park or fold for deer.
DEER-HAYES. Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11.
DEFACE. To mar or destroy the face (that is, the physical appearance of written or inscribed characters as expressive of a definite meaning) of a written instrument, signature, inscription, etc., by obliteration, erasure, cancellation, or superinscription, so as to render it illegible or unrecognizable. Linney v. State, 6 Tex. 1, 55 Am. Dec. 756. See Cancel.
DEFALCATION. The act of a defaulter; misappropriation of trust funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporations or public officials. In re Butts (D. C.) 120 Fed. 970; Crawford v. Burke, 201 111. 581, 66 N. E. 83a
Also set-off. The diminution of a debt or claim by deducting from it a smaller claim held by the debtor or payor. Iron Works v. Cuppey, 41 Iowa, 104; Houk v. Foley, 2 Pen. & W. (Pa.) 250; McDonald y. Lee, 12 La. 435.
DEFALK. To set off one claim against another; to deduct a debt due to one from a debt which one owes. Johnson v. Signal Co., 57 N. J. Eq. 79, 40 Atl. 193; Pepper v. War­ren, 2 Marv. (Del.) 225, 43 Atl. 91. This verb corresponds only to the second meaning of "defalcation" as given above; a public officer or trustee who misappropriates or embezzles funds in his hands is not said to "defalk."
DEFAMATION. The taking from one's reputation. The offense of injuring a per­son's character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander. Printing Co. v. Moulden, 15 Tex. Civ. App. 574, 41 S. W. 381; Moore v. Francis, 121 N. Y. 199, 23 N. E. 1127, 8 L. R. A. 214, 18 Am. St. Rep. 810; Hollenbeck v. Hall, 103.Iowa, 214, 72 N. W. 518, 39 L. R. A. 734, 64 Am. St. Rep. 175; Mosnat v. Snyder, 105 Iowa, 500, 75 N. W. 356.
DEFAMES. L. Fr. Infamous. Britt. c 15.
DEFAULT. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement. State v. Moores, 52 Neb. 770, 73 N. W. 299; Osborn v. Rogers, 49 Hun, 245, 1 N. Y. Supp. 623; Mason v. Aldrich, 36 Minn. 283, 30 N. W. 884.
In practice. Omission; neglect or fail­ure. When a defendant in an action at law omits to plead within the time allowed him for that purpose, or fails to appear on the trial, he is said to make default, and the judg­ment entered in the former case is technical­ly called a "judgment by default" 3 BL


Comm. 396; 1 Tidd, Pr. 562; Page v. Sut­ton, 29 Ark. 306.
—Default of issue. Failure to have living children or descendants at a given time or fixed point. George v. Morgan, 16 Pa. 106.—De­faulter. One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money.—Judgment by default. One entered upon the failure of a party to appear or plead at the time appointed. See Judgment.
DEFEASANCE. An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a "condition;" and that which is in another deed is a "defeasance." Com. Dig. "Defeasance."
In conveyancing. A collateral deed made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the estate then created may be defeated or totally un­done. 2 Bl. Comm. 327; Co. Litt 236, 237.
An instrument accompanying a bond, re­cognizance, or judgment, containing a con­dition which, when performed, defeats or un­does it. 2 Bl. Comm. 342; Co. Lltt. 236, 237; Miller v. Quick, 158 Mo. 495, 59 S. W. 955; Harrison v. Philips' Academy, 12 Mass. 456; Lippincott v. Tilton, 14 N. J. Law, 361; Nugent v. Riley, 1 Mete. (Mass.) 119, 35 Am. Dec 355.
DEFEASIBLE. Subject to be defeated, annulled, revoked, or undone upon the hap­pening of a future event or the performance of a condition subsequent, or by a condi­tional limitation. Usually spoken of estates and interests in land. For instance, a mort­gagee's estate is defeasible (liable to be de­feated) by the mortgagor's equity of redemp­tion.
—Defeasible fee. An estate in fee but which is liable to be defeated by some future contin­gency; e. g., a vested remainder which might be defeated by the death of the remainderman be­fore the time fixed for the taking effect of the devise. Forsythe v. Lansing, 109 Ky. 518, 59 S. W. 854; Wills v. Wills, 85 Ky. 486, 3 S. W. 900.—Defeasible title * One that is lia­ble to be annulled or made void, but not one that is already void or an absolute nullity. Elder v. Schumacher, 18 Colo. 433, 33 Pac. 175.
DEFEAT. To prevent, frustrate, or cir­cumvent ; as in the phrase "hinder, delay, or defeat creditors." Coleman v. Walker, 3 Mete. (Ky.) 65, 77 Am. Dec. 163; Walker v. Sayers, 5 Bush (Ky.) 581.
To overcome or prevail against in any con­test; as in speaking of the "defeated party" In an action at law. Wood v. Bailey, 21 Wall. 642, 22 L. Ed. 689; Goff v. Wilburn <Ky.) 79 S. W. 233.
To annul, undo, or terminate;" as, a title or estate. See Defeasible.
DEFECT. The want or absence of some legal requisite; deficiency; imperfection; in­sufficiency. Haney-Campbell Co. v. Creamery
Ass'n, 119 Iowa, 188, 93 N. W. 297; Bliven ?. Sioux City, 85 Iowa, 346, 52 N. W. 246.
—Defect of form. An imperfection in the style, manner, arrangement, or non-essential parts of a legal instrument, plea, indictment, etc., as distinguished from a "defect of sub­stance." See tnfra.—Defect of parties. In pleading and practice. Insufficiency of the par­ties before a court in any given proceeding to give it jurisdiction and authority to decide the controversy, arising from the omission or fail-us to join plaintiffs or defendants who should have been brought in; never applied to a super­fluity of parties or the improper addition of plaintiffs or defendants. Mader v. Piano Mfg. Co., 17 S. D. 553, 97 N. W. 843; Railroad Co. v. Schuyler, 17 N. Y. 603; Palmer v. Davis, 28 N. Y. 245; Beach v. Water Co., 25 Mont. 379, 65 Pac. Ill; Weatherby v. Meiklejohn, 61 Wis. 67, 20 N. W. 374.—Defect of sub­stance. An imperfection in the body or sub­stantive part of a legal instrument, plea, in­dictment, etc., consisting in the omission of something which is essential to be set forth. State v. Startup, 39 N. J. Law. 432; Flexner v. Dickerson, 65 Ala. 132.
DEFECTIVE. Lacking in some particu­lar which is essential to the completeness, legal sufficiency, or security of the object spoken of; as, a "defective" highway or bridge, (Munson v. Derby, 37 Conn. 310, 9 Am. Rep. 332; Whitney v. Ticonderoga, 53 Hun, 214, 6 N. Y. Supp. 844;) machinery, (Machinery Co. v. Brady, 60 111. App. 379;) writ or recognizance, (State v. Lavalley, 9 Mo. 836; McArthur v. Boynton, 19 Colo. App. 234, 74 Pac. 542;) or title, (Copertini v. Op-permann, 76 Cal. 181, 18 Pac. 256.)
DEFECTUS. Lat. Defect; default; want; imperfection; disqualification.
—Challenge propter defectum. A chal­lenge to a juror on account of some legal dis­qualification, such as infancy, etc. See Chal­lenge.—Defectus sanguinis. Failure of the blood, ». e., failure or want of issue.
DEFEND. To prohibit or forbid. To deny. To contest and endeavor to defeat a claim or demand made against one in a court of justice. Boehmer v. Irrigation Dist, 117 Cal. 19, 48 Pac. 908. To oppose, repel, or resist.
In covenants of warranty in deeds, it means to protect, to maintain or keep secure, to guaranty, to agree to indemnify.
DEFENDANT. The person defending or denying; the party against whom relief or recovery is sought in an action or suit Jew-ett Car Co. v. Kirkpatrick Const Co. (C. C) 107 Fed. 622; Brower v. Nellis, 6 Ind. App. 323, 33 N. E. 672; Tyler v. State, 63 Vt. 300, 21 Atl. 611; Insurance Co. v. Alexandre (D. O.) 16 Fed. 281.
In common usage, this term is applied to the party put upon his defense, or summoned to answer a charge or complaint, in any species of action, civil or criminal, at law or in equity. Strictly, however, it does not apply to the per­son against whom a real action is brought, for in that proceeding the technical usage is to call


the parties respectively the "demandant" and the "tenant."
—Defendant In error. The distinctive term appropriate to the party against whom a writ of error is sued out.
DEFENDEMTTS. Lat A word used in grants and donations, which binds the donor and his heirs to defend the donee, If any one go about to lay any incumbrance on the thing given other than what is contained in the deed of donation. Bract. 1. 2, c 16.
DEFENDER. (Ft.) To deny; to defend; to conduct a suit for a defendant; to forbid ; to prevent; to protect.
DEFENDER. In Scotch and canon law. A defendant
DEFENDER OF THE FAITH. A pe­culiar title belonging to the sovereign of Eng­land, as that of "Catholic" to the king of Spain, and that of "Most Christian" to the king of France. These titles were originally given by the popes of Rome; and that of Defensor Fidei was first conferred by Pope Leo X. on King Henry VIII., as a reward for writing against Martin Luther; and the bull for it bears date quinto Idus Octob., 1521. Enc. Lond.
VM. To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III. § 46. See Battel.
DEFENDERE TTNICA* MANTJ. To wage law; a denial of an accusation upon oath. See Wageb or Law.
defends the force and injury. Fleta, lib. 5, c. 39, § 1.
DEFENDOUR. L. Fr. A defender or defendant; the party accused in an appeal. Britt c. 22.
DEFENERATION. The act of lending money on usury.
DEFENSA. In old English law. A park or place fenced in for deer, and defended as a property and peculiar for that use and service. Cowell.
DEFENSE.. That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks; what is put forward to de­feat an action. More properly what is suffi­cient when offered for this purpose. In ei­ther of these senses it may be either a denial, justification, or confession and avoidance of the facts averred as a ground of action, or an exception to their sufficiency in point of law. Whitfield v. Insurance Co. (a C.) 125 Fed. 270; Miller v. Martin, 8 N. J. Law, 204;
Baier v. Humpall, 16 Neb. 127, 20 N. W. 108; Cohn v. Hussen, 66 How. Prac. (N. Y.) 151; Railroad Co. v. Hinchcliffe, 34 Misc. Rep. 49, 68 N. Y. Supp. 556; Brower v. Nellls, 6 Ind. App. 323, 33 N. E. 672.
In a stricter sense, defense is used to de­note the answer made by the defendant to the plaintiff's action, by demurrer or plea at law or answer in equity. This is the mean­ing of the term in Scotch law. Ersk. Inst 4, 1, 66.
Half defense was that which was made by the form "defends the force and injury, and says," (deiendvt mm et i/njuriam, et dicit)
Full defense was that which was made by the form "defends the force and injury when and where it shall behoove him, and the damages, and whatever else he ought to defend," (de-fendit vim et injurtam quando et ubi curia con-sideravit, et damna et quicquid quod ipse de-fendere debet, et dicit,) commonly shortened in­to "defends the force and injury when," etc. Gilb. Com. PI. 188; 8 Term, 632; 3 Bos. & P. 9, note; Co. Litt 127&.
In matrimonial suits, in England, defenses are divided into absolute, i. e., such as, being es­tablished to the satisfaction of the court, are a complete answer to the petition, so that the court can exercise no discretion, but is bound to dismiss the petition; and discretionary, or such as, being established, leave to the court a discretion whether it will pronounce a decree or dismiss the petition. Thus, in a suit for dis­solution, condonation is an absolute, adultery by the petitioner a discretionary, defense. Browne, Div. 30.
Defense also means the forcible repelling of an attack made unlawfully with force and violence.
In old statutes and records, the term means prohibition; denial or refusal. Enconter le defense et le comma/ndement de roy; against the prohibition and commandment of the king. St. Westm. 1, c. 1. Also a state of severalty, or of several or exclusive occu­pancy; a state of inclosure.
—Affidavit of {defense. See Affidavit.— Affirmative defense. In code pleading. New matter constituting a defense; new mat­ter which, assuming the complaint to be true, constitutes a defense to it. Carter v. Bank, 33 Misc. Rep. 128, 67 N. Y. Supp. 300.— Eqnitable defense. In English practice, a defense to an action on grounds which, prior to the passage of the common-law procedure act, (17 & 18 Vict c. 125,) would have been cog­nizable only in a court of equity. In Amer­ican practice, a defense which is cognizable in a court of equity, but which is available there only, and not in an action at law, except under the reformed codes of practice. Kelly v. Hurt, 74 Mo. 570; New York v. Holzderber, 44 Misc. Rep. 509, 90 N. Y. Supp. 63.—Frivol-ons defense. One which at first glance can be seen to be merely pretensive, setting up some ground which cannot be sustained by argument Dominion Nat Bank v. Olympia Cotton Mills (a C.) 128 Fed: 182.—Meritorious defense. One going to the merits, substance, or essen­tials of the case, as distinguished from dilatory or technical objections. Cooper v. Lumber Co., 61 Ark. 36, 31 S. W. 981.—Partial de­fense. One which goes only td a part of the cause of action, or which only tends to miti­gate the damages to be awarded. Carter v. Bank, 33 Misc. Rep. 128, 67 N. Y. Supp. 300. —Peremptory defense. A defense which in­sists that the plaintiff never had the right to institute the suit, or that if he had, the orig­inal right is extinguished or determined. 4


Bouv. Inst. no. 4206.—Pretermitted de­fense. One which was available to a party and of which he might have had the benefit if he had pleaded it in due season^ but which can­not afterwards be heard as a basis for affirm­ative relief. Swennes v. Sprain, 120 Wis. 68, 97 N. W. 511.—Sham defense. A false or fictitious defense, interposed in bad faith, and manifestly untrue, insufficient, or irrelevant on its face.—Self-defense. See that title.—De­fense an fond en droit. In French and Canadian law. A demurrer.—Defense an fond en fait. In French and Canadian law. The general issue. 3 Low. Can. 421.—Legal defense. (1) A defense which is complete and adequate in point of law. (2) A defense which may be set up in a court of law; as distin­guished from an "equitable defense," which is cognizable only in a court of equity or court possessing equitable powers.
DEFENSIVA. In old English law. A lord or earl of the marches, who was the warden and defender of his country. Cowell.
DEFENSIVE ALLEGATION. In Eng­lish ecclesiastical law. A species of plead­ing, where the defendant, Instead of denying the plaintiff's charge upon oath, has any cir­cumstances to offer in his defense. This en­titles him, in his turn, to the plaintiff's an­swer upon oath, upon which he may proceed to proofs as well as his antagonist. 3 Bl. Comm. 100; 3 Steph. Comm. 720.
DEFENSIVE WAR. A war in defense of, or for the protection of, national rights. It may be defensive in its principles, though offensive in its operations. 1 Kent, Comm. 50, note.
DEFENSO. That part of any open field or place that was allotted for corn or hay, and upon which there was no common or feeding, was anciently said to be in defenso; so of any meadow ground that was laid in for hay only. The same term was applied to a wood where part was inclosed or fenced, to secure the growth of the underwood from the injury of cattle. Cowell.
DEFENSOR. In the civil law. A de­fender; one who assumed the defense of another's case in court. Also an advocate. A tutor or curator.
In canon law. The advocate or patron of a church. An officer who had charge of the temporalities of the church.
In old English law. A guardian, de­fender, or protector. The defendant in an action. A person vouched in to warranty.
—Defensor civitatis. Defender or protector of a city or municipality. An officer under the Roman empire, whose duty it was to protect the people against the injustice of the magis­trates, the insolence of the subaltern officers, and the rapacity.of the money-lenders. Schm. Civil Law, Introd. 16; Cod. 1, 55, 4, He had the powers of a judge, with jurisdiction of pe­cuniary causes to a limited amount, and the lighter species of offenses. Cod. 1, 55, 1; Nov. 15, c. 3, § 2; Id. c. 6, § 1: He had also the care of the public records, and powers similar
to those of a notary in regard to the execution of wills and conveyances.—Defensor fidei. Defender of the faith. See Defender.
DEFENSUM. An inclosure of land; any fenced ground. See Defenso.
DEFERRED. Delayed; put off; remand­ed; postponed to a future time.
—Deferred life annuities. In English law. Annuities for the life of the purchaser, but not commencing until a date subsequent to the date of buying them, so that, if the purchaser die before that date, the purchase money is lost. Granted by the commissioners for reduc­tion of the national debt. See 16 & 17 Vict. c. 45, § 2. Wharton.—Deferred stock. See Stock.
DEFICIENCY. A lack, shortage, or in­sufficiency. The difference between the total amount of the debt or payment meant to be secured by a mortgage and that realized on foreclosure and sale when less than the total. A judgment or decree for the amount of such deficiency is called a "deficiency judgment" or "decree." Goldsmith y. Brown, 35 Barb. (N. Y.) 492.
—Deficiency bill. In parliamentary practice, an appropriation bill covering items of ex­pense omitted from the general appropriation bill or bills, or for which insufficient appro­priations were made. If intended to cover a variety of such items, it is commonly called a "general deficiency bill;" if intended to make provision for expenses which must be met im­mediately, or which cannot wait the ordinary course of the general appropriation bills, it is called an "urgent deficiency bill."
Deficiente uno sanguine non potest esse hseres. 3 Coke, 41. One blood being want­ing, he cannot foe heir. But see 3 & 4 Wm. IV. c. 106, § 9, and 33 & 34 Vict. c. 23, § 1.
DEFICIT. Something wanting, generally In the accounts of one intrusted with money, or in the money received by him. Mutual L» & B. Ass'n v. Price, 19 Fla. 135.
DEFILE. To debauch, deflower, or cor­rupt the chastity of a woman. The term does not necessarily imply force or ravishment, nor does it connote previous immaculateness. State v. Montgomery, 79 Iowa, 737, 45 N. W. 292; State v. Fernald, 88 Iowa, 553, 55 N. W. 534.
DEFINE. To explain or state the exact meaning of words and phrases; to settle, make clear, establish boundaries. U. S. v. Smith, 5 Wheat. 160, 5 L. Ed. 57; Walters v. Richardson, 93 Ky. 374, 20 S. W. 279; Miller v. Improvement Co., 99 Va. 747, 40 S. E. 27, 86 Am. St Rep. 924; Gould v. Hutchins, 10 Me. 145.
"An examination of our Session Laws will show that acts have frequently been passed, the constitutionality of which has never been questioned, where the powers and duties confer­red could not be considered as merely explaining or making more clear those previously con­ferred or attempted to be, although the word 'define' was used in the title. In legislation it


is frequently used in the creation, enlarging, and extending the powers and duties of boards and officers, in denning certain offenses and pro­viding punishment for the same, and thus en­larging and extending the scope of the crim­inal law. And it is property used in the title where the object of lie act is to determine or fix boundaries, more especially where a dispute has arisen concerning them. It is used between different governments, as to define the extent of a kingdom or country." People v. Bradley, 36 Mich. 452.
DEFINITIO. Lat Definition, or, more strictly, limiting or bounding; as in the max­im of the civil law: Chrmis definitio pericu-losa est, parum est enim ut non subverti pos-sit, (Dig. 50, 17, 202;) i. e., the attempt to bring the law within the boundaries of pre­cise definitions is hazardous, as there are but few cases in which such a limitation can­not be subverted.
DEFINITION. A description of a thing by its properties; an explanation of the 'meaning of a word or term. Webster. The process of stating the exact meaning of a word by means of other words. Worcester. See Warner v. Beers, 23 Wend. (N. Y.) 103; Marvin v. State, 19 Ind. 181; Mickle v. Miles, 1 Grant, Cas. (Pa.) 328.
DEFINITIVE. That which finally ana completely ends and settles a controversy. A definitive sentence or judgment is put in opposition to an interlocutory judgment.
A distinction may be taken between a final and a definitive judgment. The former term is applicable when the judgment exhausts the powers of the particular court in which it is rendered; while the latter word designates a judgment that is above any review or contin­gency of reversal. U. S. v. The Peggy, 1 Cranch, 103, 2 L. Ed. 49.
—'Definitive sentence. The final judgment, decree, or sentence of an ecclesiastical court. 3 Bl. Comm. 101.
DEFLORATION. Seduction or de­bauching. The act by which a woman is de­prived of her virginity.
DEFORCE. In English law. To with­hold wrongfully; to withhold the possession of lands from one who is lawfully entitled to them. 3 Bl. Comm. 172; Phelps v. Bald­win, 17 Conn. 212.
In Scotch, law. To resist the execution of the law; to oppose by force a public offi­cer in the execution of his duty. Bell.
DEFORCEMENT. Deforcement is where a man wrongfully holds lands to which another person is entitled. It there­fore includes disseisin, abatement, discon­tinuance, and intrusion. Co. Litt 2776, 3316; Foxworth v. White, 5 Strob. (S. C.) 115; Woodruff v. Brown, 17 N. J. Law, 269; Hopper v. Hopper, 21 N. J. Law, 543. But it is applied especially to cases, not falling under those heads, where the person entitled to the freehold has never had possession;
thus, where a lord has a seignory, and lands escheat to him propter defectum sanguinis, but the seisin is withheld from him, this is a deforcement, and the person who with­holds the seisin is called a "deforceor." 3 Bl. Comm. 172.
In Scotch law. The opposition or resist­ance made to messengers or other public of­ficers while they are actually engaged in the exercise of their offices. Ersk. Inst 4, 4, 32.
DEFORCIANT. One who wrongfully keeps the owner of lands and tenements out of the possession of them. 2 Bl. Comm. 350.
DEFORCIARE. L. Lat. To withhold lands or tenements from the rightful own­er. This is a word of art which cannot be supplied by any other word. Co. Litt 331&.
DEFORCIATIO. L. Lat In old Eng­lish law. A distress, distraint or seizure of goods for satisfaction of a lawful debt Cowell.
DEFOSSION. The punishment of being buried alive.
DEFRAUD. To practice fraud; to cheat or trick; to deprive a person of property or any interest, estate, or right by fraud, de­ceit, or artifice. People v. Wiman, 148 N. Y. 29, 42 N. E. 408; Alderman v. People, 4 Mich.'424, 69 Am. Dec. 321; U. S. v. Cur-ley (C. .C.) 122 Fed. 740; Weber v. Mick, 131 111. 520, 23 N. E. 646; Edgell v. Smith, 50 W. Va. 349, 40 S. EX 402; Curley v. U. S. 130 Fed. 1, 64 C. C. A. 369.
DEFRAUDACION. In Spanish law. The crime committed by a person who fraud­ulently avoids the payment of some public tax.
DEFRAUDATION. Privation by fraud.
DEFUNCT. Deceased; a deceased per­son. A common term in Scotch law.
DEFUNCTUS. Lat Dead. "Defunctus sine prole," dead without (leaving) issue.
DEGASTER. L. Fr. To waste.
DEGRADATION. A deprivation of dig­nity; dismission from office. An ecclesias­tical censure, whereby a clergyman is divest­ed of his holy orders. There are two softs by the canon law,—one summary, by word only; the other solemn, by stripping the party degraded of those ornaments and rights which are the ensigns of his degree. Degradation is otherwise ' called "deposi­tion," but the canonists have distinguished between these two terms, deeming the for­mer as the greater punishment of the two. There is likewise a degradation of a lord or


knight at common law, and also by act of parliament Wharton.
DEGRADATIONS. A term for waste in the French law.
DEGRADING. Reviling; holding one up to public obloquy; lowering a person in the estimation of the public
DEGREE. In the law of descent and family relations. A step or grade, i. e., the distance, or number of removes, which separates two persons who are related by consanguinity. Thus we speak of cousins in the "second degree.'*
In criminal law. The term "degree" denotes a division or classification of one specific crime into several grades or stadia of guilt according to the circumstances at­tending its commission. Thus, in some states, there may be "murder in the second degree."
DEHORS. L. Fr. Out of; without; be­yond; foreign to; unconnected with. Dehors the record; foreign to the record. 3 Bl. Comm. 387.
DEI GRATIA. Lat. By the grace of God. A phrase used in the formal title of a king or queen, importing a claim of sover­eignty by the favor or commission of God. In ancient times it was incorporated in the titles of inferior officers, (especially ecclesias­tical,) but in later use was reserved as an as­sertion of "the divine right of kings."
DEI JUDICIUM. The judgment of God. The old Saxon trial by ordeal, so called be­cause it was thought to be an appeal to God for the justice of a cause, and it was believ­ed that the decision was according to the will and pleasure of Divine Providence. Wharton.
DEJACION. In Spanish law. Surren­der; release; abandonment; e. g., the act of an insolvent in surrendering his property for the benefit of his creditors, of an heir in re­nouncing the succession, the abandonment of insured property to the underwriters.
DEJERATION. A taking of a solemn oath.
DEL BIEN ESTRE. L. Fr. In old Eng­lish practice. Of well being; of form. The same as de bene esse. Britt. c. 39.
DEI. CREDERE. In mercantile law. A phrase borrowed from the Italians, equiva­lent to our word "guaranty" or "warranty," or the Scotch term "warrandice;" an agree­ment by which a factor, when he sells goods on credit, for an additional commission, (called a "del credere commission,") guaran­ties the solvency of the purchaser and his
performance of the contract. Such a factor is called a "del credere agent." He is a mere surety, liable only to his principal in case the purchaser makes default. Story, Ag. 28; Loeb v. Hellman, 83 N. T. 603; Lewis v. Brehme, 33 Md. 424, 3 Am. Rep. 190; Lever-ick v. Meigs, 1 Cow. (N. Y.) 663; Ruffner v. Hewitt 7 W. Va. 604.
DEIjAISSEMENT. In French marine law. Abandonment Emerig. Tr. des Ass. ch. 17.
DELATE. In Scotch law. To accuse. Delated, accused. Delatit oft arte and parte, accused of being accessary to. 3 How. St Tr. 425, 440.
DELATIO. In the civil law. An accu­sation or information.
DELATOR. An accuser; an informer; a sycophant
DELATURA. In old English law. The reward of an informer. Whishaw.
DELAY. To retard; obstruct; put off; hinder; interpose obstacles; as, when it is said that a conveyance was made to "hinder and delay creditors." Mercantile Co. v. Ar­nold, 108 Ga. 449, 34 S. E. 176; Ellis v. Val­entine, 65 Tex. 532.
DELECTUS PERSONS. Lat. Choice of the person. By this term is understood the right of a partner to exercise his choice and preference as to the admission of any new members to the firm, and as to the per­sons to be so admitted, if any.
In Scotch law. The personal preference which is supposed, to have been exercised by a landlord in selecting his tenant, by the members of a firm in making choice of part­ners, in the appointment of persons to office, and other cases. Nearly equivalent to per­sonal trust as a doctrine in law. Bell.
Delegata potestas non potest delegari.
2 Inst. 597. A delegated power cannot be delegated.
DELEGATE. A person who is delegated or commissioned to act in the stead of an­other ; a person to whom affairs are commit­ted by another; an attorney.
A person elected or appointed to be a member of a representative assembly. Usu­ally spoken of one sent to a special or occa­sional assembly or convention. Manston v. Mcintosh, 58 Minn. 525, 60 N. W. 672, 28 L. R. A. 605.
The representative in congress of one of the organized territories of the United States.
—Delegates, the high court of. In English law. Formerly the court of appeal from the ecclesiastical and admiralty courts. Abolished upon the judicial committee of the privy coun­cil being constituted the court of appeal in such cases.


DELEGATION. A sending away; ft put­ting into commission; the assignment of a debt to another: the intrusting another with a general power to act for the good of those who depute him.
At common law. The transfer of au­thority by one person to another; the act of making or commissioning a delegate.
The whole body of delegates or representa­tives sent to a convention or assembly from one district, place, or political unit are col­lectively spoken of as a "delegation."
In the civil law. A species of novation which consists in the change of one debtor for another, when he who is indebted substi­tutes a third person who obligates himself in his stead to the creditor, so that the first debtor is acquitted and his obligation extin­guished, and the creditor contents himself with the obligation of the second debtor. Delegation is essentially distinguished from any other species of novation, in this: that the former demands the consent of all three parties, but the latter that only of the two parties to the new debt. 1 Domat,. § 2318; Adams v. Power, 48 Miss. 454.
Delegation is novation effected by the in­tervention of another person whom the debt­or, in order to be liberated from his cred­itor, gives to such creditor, or to him whom the creditor appoints; and such person so given becomes obliged to the creditor in the place of the original debtor. Burge, Sur. 173.
Delegatus son potest delegare. A del­egate cannot delegate; an agent cannot dele­gate his functions to a subagent without the knowledge or consent of the principal; the person to whom an office or duty is delegat­ed cannot lawfully devolve the duty on an­other, unless he be expressly authorized so to do. 9 Coke, 77; Broom, Max. 840; 2 Kent, Comm. 633; 2 Steph. Comm. 119.
DEIiESTAGE. In French marine law. A discharging of ballast (lest) from a vessel.
DELETE. In Scotch law. To erase; to strike out.
DELF. A quarry or mine. 31 Ellz. c. 7.
Deliberandum, est din qnod statnen-dnm est semel. 12 Coke, 74. That which Is to be resolved once for all should be long deliberated upon.
DELIBERATE, if. > To weigh, ponder, discuss. To examine, to consult, in order to form an opinion.
DELIBERATE, adj. By the use of this word, in describing a crime, the idea is con­veyed that the perpetrator weighs the mo­tives for the act and its consequences, the nature of the crime, or other things con­nected with his intentions, with a view to a decision thereon; that he carefully considers
all these; and that the act Is not suddenly committed. It implies that the perpetrator must be capable of the exercise of such men­tal powers as are called into use by de­liberation and the consideration and weigh­ing of motives and consequences. State v. Boyle, 28 Iowa, 524.
"Deliberation" and "premeditation" are of the same character of mental operations, dif­fering only in degree. Deliberation is but pro­longed premeditation. In other words, in law, deliberation is premeditation in a cool state of the blood, or, where there has been heat of pas­sion, it is premeditation continued beyond the period within which there has been time for the blood to cool, in the given case. Delibera­tion is not only to think of beforehand, which may be but for an instant, but the inclination to do the act is considered, weighed, pondered upon5 for such a length of time after a provoca­tion is given as the jury may find was sufficient for the blood to cool. One in a heat of passion may premeditate without deliberating. Delib­eration is only exercised in a cool state of the blood, while premeditation may be either in that state of the blood or in the heat of passion. State v. Kotovsky, 74 Mo. 249; State v. Lind-grind, 33 Wash. 440, 74 Pac. 565; State r. Dodds, 54 W. Va. 289. 46 S. E. 228; State y. Fairlamb, 121 Mo. 137, 25 S. W. 895; Miltoo v. State, 6 Neb. 143; State v. Greenleaf, 71 N. H. 606, 54 Atl. 38; State v. Fiske. 63 Conn. 388, 28 Atl. 572; Craft v. State, 3 Kan. 481; State v. Sneed, 91 Mo. 552, 4 S W. 411; Debney v. State, 45 Neb. 856, 64 N. W. 446, 34 L. B. A. 851; Cannon v. State, 60 Ark. 564, 31 S. W. 150.
DELIBERATION. The act or process of deliberating. The act of weighing and ex­amining the reasons for and against a con­templated act or course of conduct or a choice of acts or means. See Delibebate.
Delicatns debitor est odiosns in lege.
A luxurious debtor is odious in law. 2 Bulst. 148. Imprisonment for debt has now, however, been generally abolished.
DELICT. In the Roman and civil law. A wrong or injury; an offense; a violation of public or private duty.
It will be observed that this word, taken in its most general sense, is wider in both direc­tions than our English term "tort." On the one hand, it includes those wrongful acts which, while directly affecting some individual or his property, yet extend in their injurious conse­quences to the peace or security of the commu­nity at large, and hence rise to the grade of crimes or misdemeanors. These acts were termed in the Roman law "public delicts;" while those for which the only penalty exacted was compensation to the person primarily in­jured were denominated "private delicts." On the other hand, the term appears to have in­cluded injurious actions which transpired with­out any malicious intention on the part of the doer. Thus Pothier gives the name "quasi delicts" to the acts of a person who, without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Obi. 116. But the term is used in modern jurisprudence as a convenient synonym of "tort;" that is, a wrongful and injurious violation of a jus i* rem or right available against all the world. This appears in the two contrasted phrases, "actions em contractu" and "actions em delicto"
Quasi deliet. An act whereby a person, without malice, but by fault, negligence, or inv


prudence not legally excusable, causes injury to another. They were four in number, viz.: (1) Qu\ judex litem suam fecit, being the offense of partiality or excess in the judex, (juryman;) e. g., in assessing the damages at a figure in ex­cess of the extreme limit permitted by the for­mula. (2) Dejectum effusumve altqutd, being the tort committed by one's servant in emptying or throwing something out of an attic or uppen story upon a person passing beneath. (3) Dam­num tnfectum, being the offense of hanging dangerous articles over the heads of persons passing along the king's highway. (4) Torts committed by one's agents (e. g., stable-boys, ?hop-managers, etc.) in the course of their em­ployment. Brown.
DELICTUM. Lat. A delict, tort, wrong, injury, or oftense. Actions ex delicto are Buch as are founded on a tort, as distinguish­ed from actions on contract.
Culpability, blameworthiness, or legal de­linquency. The word occurs in this sense in the maxim, "In pari delicto melior est con­ditio defendentis," (which see.)
A challenge of a juror propter delictum is for some crime or misdemeanor that affects his credit and renders him infamous. 3 Bl. Comm. 363; 2 Kent, Comm. 241.
DELIMIT. To mark or lay out the lim­its or boundary line of a territory or country.
DELIMITATION. The act of fixing, marking off, or describing the limits or boundary line of a territory or country.
Delinquent per iram provocates pu-niri debet mitius. 3 Inst. 55. A delin­quent provoked by anger ought to be pun­ished more mildly.
DELINQUENT, n. In the civil law. He who has been guilty of some crime, offense, or failure of duty.
DELINQUENT, adj. As applied to a debt or claim, it means simply due and unpaid at the time appointed by law or fixed by con­tract; as, a delinquent tax. Chauncey v. Wass, 35 Minn. 1, 30 N. W. 826; Gallup v. Schmidt, 154 Ind. 196, 56 N. B. 450. As ap­plied to a person, it commonly means that he is grossly negligent or in willful default in regard to his pecuniary obligations, or even that he is dishonest and unworthy of credit Boyce v. Ewart, Race (S. C.) 140; Ferguson v. Pittsburgh, 159 Pa. 435, 28 Atl. 118; Grocers' Ass'n v. Exton, 18 Ohio Cir. Ct R. 321.
DELIRIUM. In medical jurisprudence. Delirium is that state of the mind in which it acts without being directed by the power of volition, which is wholly or partially sus­pended. This happens most perfectly in dreams. But what is commonly called "de­lirium" is always preceded or attended by a feverish and highly diseased state of the body. The patient in delirium is wholly un­conscious of surrounding objects, or conceives them to be different from what they really
are. His thoughts seem to drift about, wild-ering and tossing amidst distracted dreams. And his observations, when he makes any, as often happens, are wild and incoherent; or, from excess of pain, he sinks into a low muttering, or silent and death-like stupor.' The law contemplates this species of mental derangement as an intellectual eclipse; as a darkness occasioned by a cloud of disease passing over the mind; and which must soon terminate in health or in death. Owlng's Case, 1 Bland (Md.) 386, 17 Am. Dec. 311; Supreme Lodge v. Lapp, 74 S. W. 656, 25 Ky. Law Rep. 74; Clark v. Ellis, 9 Or. 132; Brogden v. Brown, 2 Add. 441.
—Delirium febrile. In medical jurispru­dence. A form of mental aberration incident to fevers, and sometimes to the last stages of chronic diseases.
DELIRIUM TREMENS. A disorder of the nervous system, involving the brain and setting up an attack of temporary delusional insanity, sometimes attended with violent ex­citement or mania, caused by excessive and long continued indulgence in alcoholic liq­uors, or by the abrupt cessation of such use after a protracted debauch. See Insanity.
DELITO. In Spanish law. Crime; a crime, offense, or delict. White, New. Recop. b. 2, tit 19, c. 1, § 4.
DELIVERANCE. In practice. The ver­dict rendered by a jury.
—Second deliverance. In practice. A writ allowed a plaintiff in replevin, where the defend­ant has obtained judgment for return of the goods, by default on nonsuit, in order to have the same distress again delivered to him, on giving the same security as before. '3 BL Comm. 150, 3 Steph. Comm. 668.
DELIVERY. In conveyancing. The
final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. Black v. Shreve, 13 N. J. Eq. 461; Kirk v. Turner, 16 N. C. 14.
In the law of sales. The tradition or transfer of the possession of personal prop­erty from one person to another.
In medical jurisprudence. The act of
a woman giving birth to her offspring. Blake v. Junkins, 35 Me. 433.
Absolute and conditional delivery. An
absolute delivery of a deed, as distinguished from conditional delivery or delivery in escrow, is one which is complete upon the actual trans­fer of the instrument from the possession of the grantor. Dyer v. Skadan, 128 Mich. 348, 87 N. W. 277, 92 Am. St. Rep. 461. A con­ditional delivery of a deed is one which passes the deed from the possession of the grantor, but is not to be completed by possession of the grantee, or a third person as his agent, until the happening of a specified event. Dyer v. Skadan, 128 Mich. 348, 87 N. W. 277, 92 Am. St. Rep. 461; Schmidt v. Deegan, 69 Wis. 300, 34 N. W. 83.
Actual and constructive. In the law of
sales, actual delivery consists in the giving real

possession of the thing sold to the vendee or his servants or special agents who are identified with him in law and represent him. Construc­tive delivery is a general term, comprehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by construction of law, equiv­alent to acts of real delivery. In this sense constructive delivery includes symbolic deliv­ery and all those iraditiones fictce which have been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of hen and stoppage in transitu, such as marking and setting apart the goods as be­longing to the vendee, charging him with ware­house rent, etc. Bolin v. Huffnagle, 1 Rawle (Pa.) 19. A constructive delivery of personal­ty takes place when the goods are set apart and notice given to the person to whom they are to be delivered (The Titania, 131 Fed. 229, 65 C. O. A 215), or when, without actual trans­fer of the goods or their symbol, the conduct of the parties is such as to be inconsistent with any othefc supposition than that there has been a change in the nature of the holding. Swaf-ford v. Spratt, 93 Mo. App. 631, 67 S. W. 701; Holliday v. White, 33 Tex. 459.
Symbolical delivery. The constructive de­livery of the subject-matter of a sale, where it is cumbersome or inaccessible, by the actual de­livery of some article which is conventionally accepted as the symbol or representative of it, or which renders access to it possible, or which is the evidence of the purchaser's title to it; as the key of a warehouse, or a bill of lading of goods on shipboard. Winslow v. Fletcher, 53 Conn. 390, 4 Atl. 250; Miller v. Lacey, 7 Houst. (Del.) 8, 30 Atl. 640. —Delivery bond. A bond given upon the sei­zure of goods (as under the revenue laws) con­ditioned for their restoration to the defendant, or the payment of their value, if so adjudged. —Delivery order. An order addressed, in England, by the owner of goods to a person hold­ing them on his behalf, requesting him to de­liver them to a person named in the order. De­livery orders are chiefly used in the case of goods held by dock companies, wharfingers, etc.
DELUSION. In medical jurisprudence. An insane delusion is an unreasoning and in­corrigible belief in the existence of facts which are either impossible absolutely, or, at least, impossible under the circumstances of the in­dividual. It is never the result of reasoning and reflection; it is not generated by them, and it cannot be dispelled by them; and hence it is not to be confounded with an opinion, however fantastic the latter may be. Guiteau's Case (D. C.) 10 Fed. 170. See In­sanity.
DEM. An abbreviation for "demise;" e. g., Doe dem. Smith, Doe, on the demise of Smith.
DEMAIN. See Demesne.
DEMAND, v. In practice. To claim as one's due; to require; to ask relief. To summon; to call in court "Although sol­emnly demanded, comes not, but makes de­fault."
DEMAND, n. A claim; the assertion of a legal right; a legal obligation asserted in the courts. "Demand" is a word of art of an ex­tent greater in its signification than any other
word except "claim." Co. LItt 291; In re Denny, 2 Hill (N. Y.) 220.
Demand embraces all sorts of actions, rights, and titles, conditions before or after breach, ex­ecutions, appeals, rents of all kinds, covenants, annuities, contracts, recognfzances, statutes, commons, etc. A release of all demands to date bars an action for damages accruing after the date from a nuisance previously erected. Ved-der v. Vedder, 1 Denio (N. Y.) 257.
Demand is more comprehensive in import than "debt" or "duty." Sands v. Codwise, 4 Johns. (N. Y.) 536, 4 Am. Dec. 305.
Demand, or claim, is properly used in refer­ence to a cause of action. Saddlesvene v. Arms, 32 How. Prac. (N. Y.) 280.
An imperative request preferred by one person to another, under a claim of right, re­quiring the latter to do or yield something or to abstain from some act.
—Demand in reconvention. A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. Equivalent to a "counterclaim" elsewhere. McLeod v. Bert-schey, 33 Wis. 177, 14 Am. Rep. 755.—Legal demand. A demand properly made, as to form, time, and place, by a person lawfully au­thorized. Foss v. Norris, 70 Me. 118.—On demand. A promissory note payable "on de­mand" is a present debt, and is payable with­out any actual demand, or, if a demand is nec­essary, the bringing of a suit is enough. Ap­peal of Andress, 99 Pa. 424.—Personal de­mand. A demand for payment of a bill or note, made upon the drawer, acceptor, or mak­er, in person. See 1 Daniel, Neg. Inst, f 589.
DEMANDA. In Spanish law. The peti­tion of a plaintiff, setting forth his demand. Las Partidas, pt 3, tit. 10, 1. 3.
DEMANDANT. The plaintiff or party suing in a real action. Co. Litt. 127.
DEMANDBESS. A female demandant DEMEASE. In old English law. Death.
DEMEMBRATION. In Scotch law. Maliciously cutting off or otherwise separat­ing one limb from another. 1 Hume, 323; Bell.
DEMENS. One whose mental faculties are enfeebled; one who has lost his mind; distinguishable from amens, one totally in­sane. 4 Coke, 128.
DEMENTED. Of unsound mind.
From this time forward. Kelham.
DEMENTIA. See Insanity.
DEMESNE. Domain; dominical; held in one's own right'and not of a superior; not allotted to tenants.
In the language of pleading, own; prop­er ; original. Thus, son assault demesne, his own assault his assault originally or in the first place.
—Ancient demesne, see Ancisnt.—De­mesne as of fee. A man is said to be seised


in hit demesne as of fee of a corporeal inher­itance, because he has a property, domimcum or demesne, in the thing itself. But when he has no dominion in the thing itself, as in the case of an incorporeal hereditament, he is said to be seised as of fee, and not in his demesne as of fee. 2 Bl. Comm. 106; Littleton, § 10; Barnet v. Ihrie, 17 Serg. & R, (Pa.) 196.—De­mesne lands. In English law. Those lands of a manor not granted out in tenancy, but re­served by the lord for his own use and occu­pation. Lands Bet apart and appropriated by the lord for his own private use, as for the supply of his table, and the maintenance of his family; the opposite of tenemental lands. Ten­ancy and demesne, however, were not in every sense the opposites of each other; lands held for years or at will being included among de­mesne lands, as well as those in the lord's actu­al possession. Spelman ; 2 Bl. Comm. 90 —De­mesne lands of the crown. That share of lands reserved to the crown at the original dis­tribution of landed property, or which came to it afterwards by forfeiture or otherwise. 1 Bl. Comm. 286; 2 Steph. Comm. 550.—Demesni­al. Pertaining to a demesne.
DEMI. French. Half; the half. Used chiefly in composition.
As to aemi "Mark," "Official," "Vill," see those titles.
DEMIDIETAS. In old records. A half or moiety.
DEMIES. In some universities and col­leges this term is synonymous with "schol­ars."
DEMINUTIO. In the civil law. A tak­ing away; loss or deprivation. See Capitis Deminutio.
DEMISE, v. In conveyancing. To con­vey or create an estate for years or life; to lease. The usual and operative word in leases: "Have granted, demised, and to farm let, and by these presents do grant, demise, and to farm let." 2 Bl. Comm. 317; 1 Steph. Comm. 476; Co. Litt. 45a.
DEMISE, ». In conveyancing. A convey­ance of an estate to another for life, for years, or at will; most commonly for years; a lease. 1 Steph. Comm. 475. Voorhees v. Church, 5 How. Prac. (N. T.) 71; Gilmore v. Hamilton, 83 Ind. 196.
Originally a posthumous grant; commonly a lease or conveyance for a term of years; sometimes applied to any conveyance, in fee, for life, or for years. Pub. St Mass. 1882, p. 1289.
"Demise" is synonymous with "lease" or "let," except that demise ex vi termini implies a cov­enant for title, and also a covenant for <juiet enjoyment, whereas lease or let implies neither of these covenants. Brown.
The word Is also used as a synonym for "decease" or "death." In England it is es­pecially employed to denote the death of the sovereign.
—Demise and redemise. In conveyancing. Mutual leases made from one party to another
on each side, of the same land, or something out of it; as when A. grants a lease to B. at a nominal rent; (as of a pepper corn,) and B. redemises the same property to A. for a shorter time at a real, substantial rent. Jacob,; Whi-shaw.—Demise of the crown. The natural dissolution of the king is generally so called; an expression which signifies merely a transfer of property. By demise of the crown we mean only that, in consequence of the disunion of the king's natural body from his body politic, the kingdom is transferred or demised to his suc­cessor, and so the royal dignity remains perpet­ual. 1 Bl. Conwn, 249; Plowd. 234.—Several demises. In English practice. In the action of ejectment, it was formerly customary, in case there were any doubt as to the legal estate being in the plaintiff, to insert in the declara­tion several demises from as many different persons; but this was rendered unnecessary by the provisions of the common-law procedure acts.—Single demise. A declaration in eject­ment might contain either one demise or sev­eral. When it contained only one, it was call­ed a "declaration with a single demise."
DEMISI. Lat. I have demised or leased. Demisi, concessi, et ad firmam tradidi; have demised, granted, and to farm let. The usu­al operative words in ancient leases, as the corresponding English words are in the mod­ern forms. 2 Bl. Comm. 317, 318. Koch v. Hustis, 113 Wis. 599, 87 N. W. 834; Kinney v. Watts, 14 Wend. (N. Y.) 40.
DEMISSIO. L. Lat. A demise or let­ting. Chiefly used in the phrase ex demis-sione (on the demise), which formed part of the title of the cause in the old actions of ejectment, where it signified that the nom­inal plaintiff (a fictitious person) held the es­tate "on the demise" of, that is, by a lease from, the real plaintiff.
DEMOBILIZATION. In military law. The dismissal of an army or body of troops from active service.
DEMOCRACY. That form of govern­ment in which the sovereign power resides in and is exercised by the whole body of free citizens; as distinguished from a monarchy, aristocracy, or oligarchy. According to the theory of a pure democracy, every citizen should participate directly in the business of governing, and the legislative assembly should comprise the whole people. But the ultimate lodgment of the sovereignty being the distinguishing feature, the introduction of the representative system does not remove a government from this type. However, a government of the latter kind is sometimes specifically described as a "representative de­mocracy."
DEMOCRATIC. Of or pertaining to de­mocracy, or to the party of the democrats.
DEMONETIZATION. The disuse of a particular metal for purposes of coinaga The withdrawal of the value of a metal as money.


DEMONSTRATION Lat Description; addition; denomination. Occurring often in the phrase, "Falsa demonstratio non nocet," (a false description does not harm.)
DEMONSTRATION. Description; pointing out That which is said or written to designate a thing or person.
In evidence. Absolutely, convincing proof. That proof which excludes all possibility of error. Treadwell v. Whittier, 80 Cal. 574, 22 Pac. 266, 5 L. R. A. 498, 13 Am. St. Rep. 175; Boetgen v. Railroad Co. <Sup.) 50 N. T. Supp. 332.
DEMPSTER. In Scotch law. A dooms-man. One who pronounced the sentence of court. 1 How. State Tr. 937.
DEMUR. To present a demurrer; to take an exception to the sufficiency in point of law of a pleading or state of facts alleged. See Demueeeb.
—Demurrable. A pleading, petition, or the like, is said to be demurrable when it does not state such facts as support the claim, prayer, or defense put forward. 5 Ch. Div. 979.—De­murrant. One who demurs; the party who, in pleading, interposes a demurrer.
DEMURRAGE. In maritime law. The sum which is fixed by the contract of car­riage, or which is allowed, as remuneration to the owner of a ship for the detention of his vessel beyond the number of days allowed by the charter-party for loading and unload­ing or for sailing. Also the detention of the vessel by the freighter beyond such time. See 3 Kent, Comm. 203; 2 Steph. Oomm. 185. The Apollon, 9 Wheat. 378, 6 L. Ed. Ill; Fisher v. Abeel, 44 How. Prac. (N. Y.) 440; Wordin v. Bemis, 32 Conn. 273, 85 Am. Dec. 255; Cross v. Beard, 26 N. Y. 85; The J. E. Owen (D. C.) 54 Fed. 185; Falkenburg v. Clark, 11 R. I. 283.
Demurrage is only an extended freight or re­ward to the vessel, in compensation for the earnings she is improperly caused to lose. Every improper detention of a vessel may be considered a demurrage, and compensation un­der that name be obtained for it Donaldson v. McDowell, Holmes, 290, Fed Cas. No. 3,985.
Demurrage is the allowance or compensation 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 contract of affreightment or the charter-party. Bell.
DEMURRER. In pleading. The form­al mode of disputing the sufficiency in law of the pleading of the other side. In effect it is an allegation that, even if the facts as stated in the pleading to which objection is taken be true, yet their legal consquences are not such as to put the demurring party to the necessity of answering them or proceeding further with the cause. Reid v. Field, 83
Va. 26, 1 S. E. 395; Parish v. Sloan, 38 N. C. 609; Goodman v. Ford, 23 Miss. 595; Hos-tetter Co. v. Lyons Co. (C. C.) 99 Fed. 735.
An objection made by one party to his op­ponent's pleading, alleging that he ought not to answer it, for some defect in law in the pleading. It admits the facts, and refers the law arising thereon to the court 7 How. 581.
It imports that the objecting party will net proceed, but will wait the judgment of the court whether he is bound so to do. Co. Litt 716; Steph. PI. 61.
In Equity. An allegation of a defendant which, admitting the matters of fact alleged by the bill to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the de­fendant to answer; or that for some reason apparent on the face of the bill, or on ac­count of the omission of some matter which ought to be contained therein, or for want of some circumstances which ought to be at­tendant thereon, the defendant ought not to be compelled to answer to the whole bill, or to some certain part thereof. Mitf. Eq. PL 107.
Classification and varieties. A general demurrer is a demurrer framed in general terms, without showing specifically the nature of the objection, and which is usually resorted to where the objection is to matter of substance. Steph. PI. 140-142; 1 Chit. PI. 663. See Reid v. Field, 83 Va. 26, 1 S. E. 395; U. S. v. National Bank (C. C.) 73 Fed. 381; McGuire v. Van Pelt, 55 Ala. 344; Taylor v. Taylor, 87 Mich. 64, 49 N. W. 519. A special demurrer is one which excepts to the sufficiency of the pleadings on the opposite side, and shows spe­cifically the nature of the objection, and the particular ground of the exception. 3 Bouv. lust. no. 3022. Darcey v. Lake, 46 Miss. 117; Christmas v. Russell, 5 Wall. 303, 18 L. Ed. 475; Shaw v. Chase, 77 Mich. 436, 43 N. W. 883. A speaking demurrer is one which, in or­der to sustain itself, requires the aid of a fact not appearing on the face of the pleading ob­jected to, or, in other words, which alleges or assumes the existence of a fact not already pleaded, and which constitutes the ground of objection. Wright v. Weber, 17 Pa. Super. Ct. 455; Walker v. Conant, 65 Mich. 194, 31 N. W. 786; Brooks v. Gibbons, 4 Paige (N. Y.) 375; Clarke v. Land Co., 113 Ga. 21, 38 S. E. 323. A parol demurrer (not properly a de­murrer at all) was a staying of the pleadings; a suspension of the proceedings in an action during the nonage of an infant, especially in a real action. Now abolished. 3 Bl. Comm. 300. —Demurrer book. In practice. A record of the issue on a demurrer at law, contain* ing a transcript of the pleadings, with proper entries; and intended for the use of the court and counsel on the argument 3 Bl. Comm. 317; 3 Steph. Comm. 581.—Demurrer ore tenns. This name is sometimes given to a rul­ing on an objection to evidence, but is not prop­erly a demurrer at all. Mandelert v. Land Co., 104 Wis. 423, 80 N. W. 726.—Demurrer to evidence. This proceeding (now practically obsolete) was analogous to a demurrer to a pleading. It was an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary had produced was insufficient in point of law (whether true or not) to make out his case or sustain the issue. Upon joinder in demurrer, the jury was discharged, and the case was ar


rued to the court in banc, who gave judgment upon the facts as shown in evidence. See 3 Bl. Comm. 372; Bass v. Rublee, 76 Vt. 395, 57 Atl. 966; Patteson v. Ford, 2 Grat. (Va.) 18; Suydam v. Williamson, 20 How. 436, 15 L. Ed. 978; Railroad Co. v. McArthur, 43 Miss. 180.—Demurrer to interrogatories. Where a witness objects to a question pro­pounded (particularly on the taking of a dep­osition) and states his reason for objecting or refusing to answer, it is called a "demurrer to the interrogatory," though the term cannot here be understood as used in its technical sense.
Half-blood. A corruption of demi-sang.
DEN. A valley. Blount A hollow place among woods. Cowell.
DEN AND STROND. In old English law. Liberty for ships or vessels to run aground, or come ashore. Cowell.
DENARIATE. In old English law. As much land as is worth one penny per annum.
DENARII. An ancient general term for any sort of pecunia numerata, or ready mon­ey. . The French use the word "denier" in the same sense,—payer de sea propres de­nier*.
—Denarii de caritate. In English law. Customary oblations made to a cathedral church at Pentecost.—Denarii S. Petri. (Commonly called "Peter's Pence.") An annual payment on St. Peter's feast of a penny from every family to the pope, during the time that the Roman Catholic religion was established in England.
DENARIUS. The chief silver coin among the Romans, worth 8d.; it was the seventh part of a Roman ounce. Also an English penny. The denarius was first coined five years before the first Punic war, B. C. 269. In later times a copper coin was called "<Je-norius." Smith, Diet Antiq.
—Denarius Dei. (Lat "God's penny.") Ear­nest money; money given as a token of the completion of a bargain. It differs from arrhce in this: that arrhce is a part of the considera­tion, while the denarius Dei is no part of it. The latter was given away in charity; whence the name.—Denarius tertins comitates. In old English law. A third part or penny of the county paid to its earl, the other two parts be­ing reserved to the crown.
DENIAL. A traverse in the pleading of one party of an allegation of fact set up by the other; a defense. See Flack v. O'Brien, 19 Misc. Rep. 399, 43 N. Y. Supp. 854; Mott r. Baxter, 29 Colo. 418, 68 Pac. 220.
General and specific. In code pleading, a general denial is one which puts in issue all the material averments of the complaint or peti­tion, and permits the defendant to prove any and all facts tending to negative those aver­ments or any of them. Mauldin v. Ball, 5 Mont. 96, 1 Pac. 409; Goode v. Elwood Lodge, 160 Ind. 251, 66 N. E. 742. A specific denial is a separate denial applicable to one particular allegation of the complaint. Gas Co. y. San
Bl.Law Dict.(2d Ed.)—23
Francisco, 9 Cal. 470; Sands v. Maclay, 2 Mont 38; Seward v. Miller, 6 How. Prac. (N. Y.) 312.
DENIER. L. Ft. In old English law. Denial; refusal. Denier is when the rent (being demanded upon the land) Is not paid. Finch, Law, b. 3, c 5.
DENIER A DIEU. In French law. Earnest money; a sum of money given in token of the completion of a bargain. The phrase is a translation of the Latin Denarius Dei, (g. v.)
DENIZATION. The act of making one a denizen; the conferring of the privileges of citizenship upon an alien born. Cro. Jac. 540. See Denizen.
DENIZE. To make a man a denizen or citizen.
DENIZEN. In English law. A person who, being an alien born, has obtained, ex donatione regis, letters patent to make him an English subject,—a high and incommu­nicable branch of the royal prerogative. A denizen is in a kind of middle state between an alien and a natural-born subject, and par­takes of the status of both of these. 1 BL Comm. 374; 7 Coke, 6.
The term is used to signify a person who, be­ing an alien by birth, has obtained letters pa­tent making him an English subject The king may denize, but not naturalize, a man; the lat­ter requiring the consent of parliament, as un­der the naturalization act, 1870, (33 & 34 Vict c. 14.) A denizen holds a position midway be­tween an alien and a natural-born or naturalized subject, being able to take lands by purchase or devise, (which an alien could not until 1870 do,) but not able to take lands by descent, (which a natural-born or naturalized subject may do.) Brown.
The word is also used in this sense in South Carolina. See McClenaghan v. Mc-Clenaghan, 1 Strob. Eq. (S. C.) 319, 47 Am. Dec. 532.
A denizen, in the primary, but obsolete, sense of the word, is a natural-born subject of a country. Co. Litt 129a.
DENMAN'S (LORD) ACT. An English statute, for the amendment of the law of evi­dence, (6 & 7 Vict. c. 85,) which provides that no person offered as a witness shall there­after be excluded by reason of incapacity, from crime or interest, from giving evidence.
DENMAN'S (MR.) ACT. An English statute, for the amendment of procedure in criminal trials, (28 & 29 Vict c. 18,) allow­ing counsel to sum up the evidence in crim­inal as in civil trials, provided the prisoner be defended by counsel.
DENOMBREMENT. In French feudal law. A minute or act drawn up, on the creation of a fief, containing a description of


the fief, and all the rights and Incidents be­longing to it. Guyot, Inst. Feud. c. 3.
Denominatio fieri debet a dignioribus.
Denomination should be made from the more worthy.
DENOUNCE. An act or thing is "de­nounced" when the law declares it a crime and prescribes a punishment for it. State v. De Hart, 109 La. 570, 33 South. 605. The word is also used (not technically but popu­larly) as the equivalent of "accuse" or "in­form against"
DENOUNCEMENT. In Spanish and Mexican law. A denouncement was a ju­dicial proceeding, and, though real property might be acquired by an alien in fraud of the law,—that is, without observing its re­quirements,—he nevertheless retained his right and title to it, but was liable to be de­prived of it by the proper proceeding of de­nouncement, which in its substantive char­acteristics was equivalent to the inquest of office found, at common law. De Merle v. Mathews, 26 Oal. 477.
The "denouncement of a new work" is a proceeding to obtain an order of court, in the nature of an injunction, against the construction of a new building or other work, which, if completed, would injuriously affect the plaintiffs property. Von Schmidt v. Huntington, 1 Cal. 55.
In Mexican mining law. Denouncement is an application to the authorities for a grant of the right to work a mine, either on the ground of new discovery, or on ^the ground of forfeiture of the rights of a for­mer owner, through abandonment or contra­vention of the mining law. Cent. Diet. See Castillero v. U. S., 2 Black, 109, 17 L. Ed. 360.
DENSHIRING OF LAND. (Otherwise called "burn-beating.") A method of im­proving land by casting parings of earth, turf, and stubble into heaps, which when dried are burned into ashes for a compost. Cowell.
DENUMERATION. The act of present payment.
Spanish law. The denouncement of a new work; being a proceeding to restrain the erection of some new work, as, for instance, a building which may, if completed, inju­riously affect the property of the complain­ant; it is of a character similar to the in­terdicts of possession. Escriche; Von Schmidt v. Huntington, 1 Cal. 63.
DENUNCIATION. In the civil law.
The act by which an individual informs a
public officer, whose duty it Is to prosecute offenders, that a crime has been committed.
In Scotch, practice. The act by which a person is declared to be a rebel, who has disobeyed the charge given on letters of horning. Bell.
DENUNTIATIO. In old English law. A public notice or summons. Bract. 2026.
DEODAND. (L. Lat Deo dandum, ft thing to be given to God.) In English law. Any personal chattel which was the Imme­diate occasion of the death of any reason­able creature, and which was forfeited to the crown to be applied to pious uses, and distributed in alms by the high almoner. 1 Hale, P. C. 419; Fleta, lib. 1, c. 25; 1 Bl. Comm. 300; 2 Steph. Comm. 365.
DEOR HEDGE. In old English law. The hedge inclosing a deer park.
DEPART. In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See De­parture.
In maritime law. To leave a port; to be out of a port. To depart imports more than to sail, or set sail. A warranty in a policy that a vessel shall depart on or before a particular day is a warranty not only that she shall sail, but that she shall be out of the port on or before that day. 3 Maule & S. 461; 3 Kent, Comm. 307, note. "To de­part" does not mean merely to break ground, but fairly to set forward upon the voyage. Moir v. Assur. Co., 6 Taunt. 241; Young v. The Orpheus, 119 Mass. , 185; The Helen Brown (D. C.) 28 Fed. 111.
DEPARTMENT. 1. One of the territo­rial divisions of a country. The term Is chiefly used in this sense in France, where the division of the country into departments is somewhat analogous, both territorially and for governmental purposes, to the divi­sion of an American state into counties.
2. One of the divisions of the executive branch of government. Used in this sense In the United States, where each depart­ment is charged with a specific class of du­ties, and comprises an organized staff of offi­cials ; e. g., the department of state, depart­ment of war, etc.
DEPARTURE. In maritime law. A
deviation from the course prescribed in the policy of insurance.
In pleading. The statement of matter in a replication, rejoinder, or subsequent plead­ing, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify It. 2 Williams, Saund. 84a, note 1; 2 Wils. 98; Co. Litt 304a; Railway Co.


r. Wyler, 158 U. S. 285, 15 Sup. Ct 877, 39 L. Ed. 983.
A departure, in pleading, is when a party quits or departs from the case or defense which he has first made, and has recourse to another. White v. Joy, 13 N. Y. 83; Allen v. Watson, 16 Johns. (N. Y.) 205; Kimberlin v. Carter, 49 Ind. 111.
A departure takes place when, in any plead­ing, the party deserts the ground that he took in his last antecedent pleading, and resorts to another. Steph. PI. 410. Or, in other words, when the second pleading contains matter not pursuant to the former, and which does not support and fortify it. Co. Litt. 304a. Hence a departure obviously can never take place till the replication. Steph. PI. 410. Each subse­quent pleading must pursue or support the for­mer one; *. e., the replication must support the declaration, and the rejoinder the plea, without departing out of it. 3 Bl. Comm. 310.
DEPARTURE IX DESPITE OF COURT. In old English practice. The ten­ant in a real action, having once appeared, was considered as constructively present in court until again called upon. Hence if, up­on being demanded, he failed to appear, he was said to have "departed in despite [i. e., contempt] of the court"
DEPASTURE. In old English law. To pasture. "If a man depastures unprofitable cattle in his ground." Bunb. 1, case "L
DEPECULATION. A robbing of the prince or commonwealth; an embezzling of the public treasure.
DEPENDENCY. A territory distinct from the country in which the supreme sov­ereign power resides, but belonging right> fully to it, and subject to the laws and regu­lations which the sovereign may think prop­er to prescribe. U. S. v. The Nancy, 3 Wash. C. C. 286, Fed. Cas. No. 15,854.
It differs from a colony, because it is not settled by the citizens of the sovereign or mother state; and from possession, because It is held by other title than that of mere conquest.
DEPENDENT. Deriving existence, sup­port, or direction from another; conditioned, In respect to force or obligation, upon an extraneous act or fact.
—Dependent contract. One which depends or is conditional upon another. One which it is not the duty of the contractor to perform until some obligation contained in the same agree­ment has been performed by the other party. Ham. Parties, 17, 29, 30, 109.—Dependent oovenant. See Covenant.
DEPENDING. In practice. Pending or undetermined; in progress. See 5 Coke, 47.
DEPESAS. In Spanish-American law. Spaces of ground in towns reserved for com­mons or public pasturage. 12 Pet 443, note, 9 L. Ed. 1150.
DEPONE. In Scotch practice. To de­pose; to make oath in writing.
DEPONENT. In practice. One who de­poses (that is, testifies or makes oath in writing) to the truth of certain facts; one who gives under oath testimony which is re­duced to writing; one who makes oath to a written statement. The party making an af­fidavit is generally so called.
The word "depone," from which is derived "deponent," has relation to the mode in which the oath is administered, (by the witness plac­ing his hand upon the book of the holy evange­lists,) and not as to whether the testimony is delivered orally or reduced to writing. "De­ponent" is included in the term "witness," but "witness" is more general. Bliss v. Shuman, 47 Me. 248.
DEPONER. In old Scotch practice. A deponent 3 How. State Tr. 695.
English law. The crime of destroying, rav­aging, or laying waste a country. 2 Hale, P. C. 333; 4 Bl. Comm. 373.
DEPOPULATION. In old English law. A species of waste by which the population of the kingdom was diminished. Depopula­tion of houses was a public offense. 12 Coke, 30, 31.
DEPORTATIO. Lat In the civil law. A kind of banishment, where a condemned person was sent or carried away to some for­eign country, usually to an island, {in insu-lam deportatur,) and thus taken out of the number of Roman citizens.
DEPORTATION. Banishment to a for­eign country, attended with confiscation of property and deprivation of civil rights. A punishment derived from the deportatio (q. v.) of the Roman law, and still in use in France.
In Roman law. A perpetual banish­ment, depriving the banished of his rights as a citizen; it differed from relegation (g. v.) and exile, (q. v.) 1 Brown, Civil & Adm. Law, 125, note; Inst 1, 12, 1, and 2; Dig. 48, 22, 14, 1.
In American law. The removal or send­ing back of an alien to the country from which he came, as a measure of national po­lice and without any implication of punish­ment or penalty.
"Transportation," "extradition," and "depor­tation," although each has the effect of remov­ing a person from a country, are different things and for different purposes. Transportation is by way of punishment of one convicted of an offense against the laws of the country; extra­dition is the surrender to another country of one accused of an offense against its laws, there to be tried and punisned if found guilty. Depor­tation is the removing of an alien out of the country simply because his presence is deemed inconsistent with the public welfare, and with­out any punishment being imposed or contem­plated, either under the laws of the country out of which he is sent or under those of the coun­try to which he is taken. Fong Yue Ting v. U. S.. 149 U. S. 698, 13 Sup. Ct 1016, 37 L. Ed. 905.


DEPOSE. In practice. In ancient us­age, to testify as a witness; to give evidence under oath.
In modern usage. To make a deposi­tion ; to give evidence in the shape of a dep­osition ; to make statements which are writ­ten down and sworn to; to give testimony which is reduced to writing by a duly-quali­fied officer and sworn to by the deponent.
To deprive an individual of a public em­ployment or office against his will. Wolffius, Inst § 1063. The term is usually applied to the deprivation of all authority of a sov­ereign.
DEPOSIT. A naked bailment of goods to be kept for the depositor without reward, and to be returned when he shall require it Jones, Bailm. 36, 117; National Bank v. Washington County Bank, 5 Hun (N. Y.) 607; Payne v. Gardiner, 29 N. Y. 167; Mont­gomery v. Evans, 8 Ga. 180; Rozelle v. Rhodes, 116 Pa. 129, 9 Atl. 160, 2 Am. St Rep. 591; In re Patterson, 18 Hun (N. Y.) 222.
A bailment of goods to be kept by the bailee without reward, and delivered accord­ing to the object or purpose of the original trust Story, Bailm. § 41.
A deposit, in general, is an act by which a person receives the property of another, binding himself to preserve it and return it in kind. Civ. Code La. art. 2926.
When chattels are delivered by one person to another to keep for the use of the bailor, it is called a "deposit." Code Ga. 1882, § 2103.
The word is also sometimes used to desig­nate money lodged with a person as an ear­nest or security for the performance of some contract to be forfeited if the depositor fails in his undertaking.
Classification. According to the classifi­cation of the civil law, deposits are of the following several sorts: (1) Necessary, made upon some sudden emergency, and from some pressing necessity; as, for instance, in case of a fire, a shipwreck, or other over­whelming calamity, when property is con­fided to any person whom the depositor may meet without proper opportunity for reflec­tion or choice, and thence it is called "mis-eraoile depositum.'" (2) Voluntary, which arises from the mere consent and agreement of the parties. Civ. Code La. art. 2964; Dig. 16, 3, 2; Story, Bailm. § 44. The common law has made no such division. There is another class of deposits called "involun­tary," which may be without the assent or even knowledge of the depositor; as lum­ber, etc., left upon another's land by the subsidence of a flood. The civilians again divide deposits into "simple deposits," made by one or more persons having a common interest, and "sequestrations," made by one or more persons, each of whom has a dif­ferent and adverse interest in controversy
touching it; and these last are of two sorts, —"conventional," or such as are made by the mere agreement of the parties without any judicial act; and "judicial," or such as are made by order of a court in the course of some1 proceeding. Civ. Code La. art. 2979. There is another class of deposits called "irregular," as when a person, having a sum of money which he does not think safe in his own hands, confides it to another, who is to return to him, not the same money, but a like sum when he shall demand it. Poth. du Depot 82, 83; Story, Bailm. § 84. A regular deposit is a strict or special deposit; a deposit which must be returned in spe­cie; i. e., the thing deposited must be re­turned. A quasi deposit is a kind of im­plied or involuntary deposit, which takes place where a party comes lawfully to the possession of another person's property, by finding it Story, Bailm. § 85. Particularly with reference to money, deposits are also classed as general or special. A general de­posit is where the money deposited is not it­self to be returned, but an equivalent in money (that is, a like sum) is to be returned. It is equivalent to a loan, and the money deposited becomes the property of the depos­itary. Insurance Co. v. Landers, 43 Ala. 138. A special deposit is a deposit in which the Identical thing deposited is to be re­turned to the depositor. The particular ob­ject of this kind of deposit is safe-keeping. Koetting v. State, 88 Wis. 502, 60 N. W. 822. In banking law, this kind of deposit is contrasted with a "general" deposit, as above; but in the civil law it is the antith­esis of an "irregular" deposit A gratuitous or naked deposit is a bailment of goods to be kept for the depositor without hire or re­ward on either side, or one for which the depositary receives no consideration beyond the mere possession of the thing deposited. Civ. Code Ga. 1895, § 2921; Civ. Code Cal. § 1844. Properly and originally, all deposits are of this description; for according to the Roman law, a bailment of goods for which hire or a price is to be paid, is not called "depositum" but "locatio." If the owner of the property pays for its custody or care, it is a "locatio custodise;" if, on the other hand, the bailee pays for the use of it, it is "locatio rei." (See Locatio.) But in the modern law of those states which have been influenced by the Roman jurisprudence, a gratuitous or naked deposit is distinguished from a "deposit for hire," in which the bailee is to be paid for his services in keeping the article. Civ. Code Cal. 1903, § 1851; Civ. Code Ga. 1895, § 2921.
In banking law. The act of placing or lodging money in the custody of a bank or banker, for safety or convenience, to be withdrawn at the will of the depositor or under rules and regulations agreed on; also the money so deposited.
General and special deposits. Deposits of money in a bank are either general or special.


A general deposit (the ordinary form) is one which is to be repaid on demand, in whole or In part as called for, in any current money, not the same pieces of money deposited. In this case, the title to the money deposited passes to the bank, which becomes debtor to the depositor for the amount. A special deposit is one in which the depositor is entitled to the return of the identical thing deposited (gold, bullion, se­curities, etc.) and the title to the property re­mains in him, the deposit being usually made only for purposes of safe-keeping. Shipman v. State Bank, 59 Hun, 621, 13 N. Y. Supp. 475; State v. Clark, 4 Ind. 315; Brahm v. Adkins, 77 111. 263; Marine Bank v. Fulton Bank, 2 Wall. 252,17 L. Ed. 785. There is also a specif­ic deposit, which exists where money or proper­ty is given to a bank for some specific and par­ticular purpose, as a note for collection, money to pay a particular note, or property for some other specific purpose. Officer v. Officer, 120 Iowa, 389, 94 N W. 947, 98 Am. St. Rep. 365. —Deposit account. An account of sums lodged with a bank not to be drawn upon by checks, and usually not to be withdrawn except after a fixed notice.—Deposit company. A company whose business is the safe-keeping of securities or other valuables deposited in boxes or safes in its building which are leased to the depositors.—Deposit of title-deeds. A meth­od of pledging real property as security for a loan, by placing the title-deeds of the land in the keeping of the lender as pledgee.
DEPOSITARY. The party receiving a deposit; one with whom anything is lodged in trust, as "depository" is the place where it is put. The obligation on the part of the depositary is that he keep the thing with reasonable care, and, upon request, restore it to the depositor, or otherwise deliver it, according to the original trust.
DEPOSITATION. In Scotch law. De­posit or depositum, the species of bailment so called. Bell.
DEPOSITION. The testimony of a wit­ness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and intend­ed to be used upon the trial of an action in court. Lutcher v. U. S., 72 Fed. 972, 19 C. C. A. 259; Indianapolis Water Co. v. Amer­ican Strawboard Co. (C. C.) 65 Fed. 535.
A deposition is a written declaration un­der oath, made upon notice to the adverse party for the purpose of enabling him to at­tend and cross-examine; or upon written in­terrogatories. Code Civ. Proc. Cal. § 2004; Code Civ. Proc. Dak. § 465.
A deposition is evidence given by a witness under interrogatories, oral or written, and usu­ally written down by an official person. In its generic sense, it embraces all written evidence verified by oath, and includes affidavits; but, in legal language, a distinction is maintained between depositions and affidavits. Stimpson v. Brooks, 3 Blatchf. 456, Fed. Cas. No. 13,454.
The term sometimes is used in a special sense to denote a statement made orally by a person on oath before an examiner, com­missioner, or officer of the court, (but not in open court,) and taken down in writing by the examiner or under his direction. Sweet
In ecclesiastical law. The act of depriv­ing a clergyman, by a competent tribunal, of his clerical orders, to punish him for some offense and to prevent his acting in future in his clerical character. Ayl. Par. 206.
DEPOSITO. In Spanish law. Deposit; the species of bailment so called. Schm. Civil Law, 193.
DEPOSITOR. One who makes a deposit
DEPOSITORY. The place where a de­posit (g. v.) is placed and kept
United States depositories. Banks select­ed and designated to receive deposits of the pub­lic funds of the United States are so called.
DEPOSITUM. Lat In the civil law. One of the forms of the contract of bailment being a naked bailment of goods to be kept for the use of the 'bailor without reward. Foster v. Essex Bank, 17 Mass. 498, 9 Am. Dec. 168; Coggs v. Bernard, 2 Ld. Raym. 912. See Deposit.
One of the four real contracts specified by Justinian, and having the following character­istics: (1) The depositary or depositee is not liable for negligence, however extreme, but only for fraud, dolus; (2) the property remains in the depositor, the depositary having only the possession. Precarium and sequestre were two varieties of the depositum.
DEPOT. In French law. The deposi­tum of the Roman and the deposit of the English law. It is of two kinds, being either (1) d6p6t simply so called, and which may be either voluntary or necessary, and (2) seques­tre, which is a deposit made either under an agreement of the parties, and to abide the event of pending litigation regarding it, or by virtue of the direction of the court or a judge, pending litigation regarding It Brown ; Civ. Code La. 2897.
In American law. (1) A railroad freight or passenger station; a place on the line of a railroad where passengers may enter and leave the trains and where freight is deposit­ed for delivery; but more properly, only a place where the carrier is accustomed to re­ceive merchandise, deposit it, and keep it ready for transportation or delivery. Maghee v. Transportation Co., 45 N. Y. 520, 6 Am. Rep. 124; Hill v. Railroad Co. (Tex. Civ. App.) 75 S. W. 876; Karnes v. Drake, 103 Ky. 134, 44 S. W. 444; Railroad Co. v. Smith, 71 Ark. 189, 71 S. W. 947; State v. New Haven & N. Co., 37 Conn. 163. (2) A place where military stores or supplies are kept or troops assembled. U. S. v. Caldwell, 19 Wall. 268, 22 L. Ed. 114.
DEPRAVE. To defame; vilify; exhibit contempt for. In England it is a criminal of­fense to "deprave" the Lord's supper or the Book of Common Prayer. Steph. Crim. Dig. 99.
DEPREDATION. In French law. Pil­lage, waste, or spoliation of goods, particular­ly of the estate of a decedent


DEPRIVATION. In English ecclesias­tical law. The taking away from a clergy­man his benefice or other spiritual promotion or dignity, either by sentence declaratory in the proper court for fit and sufficient causes or in pursuance of divers penal statutes which declare the benefice void for some non­feasance or neglect, or some malfeasance or crime. 3 Steph. Comm. 87, 88; Burn, Ecc. Law, tit "Deprivation."
DEPRIVE. In a constitutional provision that no person shall be "deprived of his prop­erty" without due process of law, this word is equivalent to the term "take," and de­notes a taking altogether, a seizure, a direct appropriation, dispossession of the owner. Sharpless v. Philadelphia, 21 Pa. 167, 59 Am. Dec. 759; Wynehamer v. People, 13 N. Y. 467; Munn v. People, 69 111. 88; Grant v. Courter, 24 Barb. (N. Y.) 238.
DEPUTIZE. To appoint a deputy; to ap­point or commission one to act as deputy to an officer. In a general sense, the term is descriptive of empowering one person to act for another in any capacity or relation, but }n law it is almost always restricted to the sub­stitution of a person appointed to act for an officer of the law.
DEPUTY. A substitute; a person duly authorized by an officer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. Carter v. Hornback, 139 Mo. 238, 40 S. W. 893; Herring v. Lee, 22 W. Va. 667; Erwin v. U. S. (D. O.) 37 Fed. 476, 2 L. R. A. 229; Wil-lingham v. State, 21 Fla. 776; Ellison v. Stevenson, 6 T. B. Mon. (Ky.) 271; People v. Barker, 14 Misc. Rep. 360, 35 N. Y. Supp. 727.
A deputy differs from an assignee, in that an assignee has an interest in the office itself, and does all things in his own name, for whom his grantor shall not answer, except in special cas­es'; but a deputy has not any interest in the office, and is only the shadow of the officer in whose name he acts. And there is a distinction in doing an act by an agent and by a deputy. An agent can only bind his principal when he does the act in the name of the principal. But a deputy may do the act and sign his own name, and it binds his principal; for a deputy has^ in law, the whole power of his principal. Wharton.
—Deputy consul See Consul.—Deputy lieutenant. The deputy of a lord lieutenant of a county in England.—Deputy sheriff. One
appointed to act in the place and stead of the sheriff in the official business of the latter's of­fice. A general deputy (sometimes called "un-dersheriff") is one who, by virtue of his appoint­ment, has authority to execute all the ordinary duties of the office of sheriff, and who executes process without any special authority from his principal. A special deputy, who is an officer pro hoc vice, is one appointed for a special oc­casion or a special service, as, to serve a par­ticular writ or to assist in keeping the peace ?when a riot or tumult is expected or in prog­ress. He acts under a specific and not a gen­eral appointment and authority. Allen v. Smith, 12 N. J. law, 162; "Wilson v. Russell. 4 Dak. S76, 31 N. W G45.—Deputy .teward!
A steward of a manor may depute or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief steward in person. So an under steward or deputy may authorize another as subdeputy, pro hao vice, to hold a court for him; such limited authority not be­ing inconsistent with the rule delegatus non potest delegare. Wharton.
DERAIGN. Seems to mean, literally, to confound and disorder, or to turn out of course, or displace; as deraignment or de­parture out of religion, in St. 31 Hen. VIII. c. 6. In the common law, the word is used generally in the sense of to prove; viz., to deraign a right, deraign the warranty, etc. Glanv. lib. 2, c. 6; Fitzh. Nat. Brev. 146. Perhaps this word "deraign," and the word "deraignment," derived from it, may be used in the sense of to prove and a proving, by disproving of what is asserted in opposition to truth and fact. Jacob.
DERECHO. In Spanish law. Law or right. Derecho comun, common law. The civil law is so called. A right. Derechos, rights. Also, specifically, an impost laid up­on goods or provisions, or upon persons or lands, by way of tax or contribution. Noe v. Card, 14 Cal. 576, 608.
DERELICT. Forsaken; abandoned; de­serted; cast away.
Personal property abandoned or thrown away by the owner in such manner as to in­dicate that he intends to make no further claim thereto. 2 Bl. Comm. 9; 2 Reeve, Eng. Law, 9.
Land left uncovered by the receding of water from its former bed. 2 Rolle, Abr. 170; 2 Bl. Comm. 262; 1 Crabb, Real Prop. 109.
In maritime law. A boat or vessel found entirely deserted or abandoned on the sea, without hope or intention of recovery or re­turn by the master or crew, whether result­ing from wreck, accident, necessity, or volun­tary abandonment. U. S. v. Stone (0. C) 8 Fed. 243; Cromwell v. The Island City, 1 Black, 121, 17 L. Ed. 70; The Hyderabad (D. C.) 11 Fed. 754; The Fairfield (D. C.) 30 Fed. 700; The Aquila, 1 C. Rob. 41.
—Quasi derelict. When a vessel, without be­ing abandoned, is no longer under the control or direction of those on board, (as where part of the crew are dead, and the remainder are physi­cally and mentally incapable of providing for their own safety,) she is said to be quasi dere­lict. Sturtevant v. Nicholaus, 1 Newb. Adm. 449, Fed. Oas. No. 13,578.
DERELICTION. The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion, (g. v.) Dyer, 326&; 2 Bl. Comm. 262; 1 Steph. Comm. 419; Linth-icum v. Coan, 64 Md. 439, 2 Atl. 826, 54 Am. Rep. 775; Warren v. Chambers, 25 Ark. 120, 91 Am Dec. 538, 4 Am. Rep. 23; Sapp v.


Frazier, 51 La. Ann. 1718, 26 South. 378, 72 Am. St Rep. 493.
In the civil law. The voluntary aban­donment of goods by the owner, without the hope or the purpose of returning to the pos­session. Jones v. Nunn, 12 Ga. 473; Liver-more v. White, 74 Me. 456, 43 Am. Rep. 600.
Derivativa potestas non potest esse major primitiva. Noy, Max.; Wing. Max. 66. The derivative power cannot be greater than the primitive.
DERIVATIVE. Coming from another; taken from something preceding; secondary; that which has not its origin in itself, but owes its existence to something foregoing.
—Derivative conveyances. Conveyances which presuppose some other conveyance prec­edent, and only serve to enlarge, confirm, alter, restiain, restore, or transfer the interest grant­ed by such original conveyance. They are re­leases, confirmations, surrenders, assignments, and defeasances. 2 Bl. Comm. 324.
DEROGATION. The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force. Distinguished from abrogation, which means the entire repeal and annul­ment of a law. Dig. 50, 17, 102.
DEROGATORY CLAUSE. In a will, this is a sentence or secret character insert­ed by the testator, of which he reserves the knowledge to himself, with a condition that no will "he may make thereafter should be valid, unless this clause be inserted word for word. This is done as a precaution to guard against later wills being extorted by violence, or otherwise improperly obtained. By the law of England such a clause would be void, as tending to make the will irrevocable. Wharton.
Derogatnr legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. To
derogate from a law is to take away part of it; to abrogate a law is to abolish it entire­ly. Dig. 50, 17, 102.
DESAFUERO. In Spanish law. An ir­regular action committed with violence against law, custom, or reason.
DESAMORTIZACION. In Mexican law. The desamortizacion of property is to take it out of mortmain, (dead hands;) that is, to unloose it from the grasp, as it were, of ecclesiastical or civil corporations. The term has no equivalent in English. Hall, Mex. Law, § 749.
DESCENDANT. One who is descended from another; a person who proceeds from the body of another, such as a child, grand­child, etc., to the remotest degree. The term is the opposite of "ascendant," (q. v.)
Descendants Is a good term of description
in a will, and includes all who proceed from the body of the person named; as grandchil­dren and great-grandchildren. Amb. 397; 2 Hil. Real. Prop. 242.
DESCENDER. Descent; in the descent See Fobmedon.
DESCENDIBLE. Capable of passing by descent, or of being inherited or transmitted by devise, (spoken of estates, titles, offices, and other property.) Collins v. Smith, 105 Ga. 525, 31 S. E. 449.
DESCENT. Hereditary succession. Suc­cession to the ownership of an estate by in­heritance, or by any act of law, as distin­guished from "purchase." Title by descent is the title by which one person, upon the death of another, acquires the real estate of the latter as his heir at law. 2 Bl. Comm. 201; Com. Dig. "Descent," A; Adams v. Akerlund, 168 111. 632, 48 N. E. 454; Starr v. Hamilton, 22 Fed. Cas. 1,107; In re Dona­hue's Estate, 36 Cal. 332; Shippen v. Izard, 1 Serg. & R. (Pa.) 224; Brower v. Hunt, 18 Ohio St. 338; Allen v. Bland, 134 Ind. 78, 33 N. E. 774.
Classification. Descents are of two sorts, lineal and collateral. Lineal descent is descent in a direct or right line, as from father or grandfather to son or grandson. Collateral de­scent is descent in a collateral or oblique line, that is, up to the common ancestor and then down from him, as from brother to hrother, or between cousins. Levy v. McCartee, 6 Pet. 112, 8 L. Ed. 334. They are also distinguished in­to mediate and immediate descents. But these terms are used in different senses. A descent may be said to be a mediate or immediate de­scent of the estate or right; or it may be said to be mediate or immediate, in regard to the mediateness or immediateness of the pedigree or consanguinity. Thus, a descent from the grand­father, who dies in possession, to the grandchild, the father being then dead, or from the uncle to the nephew, the brother being dead, is, in the for mer sense, in law, immediate descent, although the one is collateral and the other lineal; for the heir is in the per, and not in the per and cui. On the other hand, with reference to the line of pedigree or consanguinity, a descent is often said to be immediate, when the ancestor from whom the party derives his blood is im­mediate, and without any intervening link or degrees; and mediate, when the kindred is de­rived from him mediante altero, another ances­tor intervening between them. Thus a descent in lineals from father to son is in this sense im­mediate; but a descent from grandfather to grandson, the father being dead, or from uncle to nephew, the brother being dead, is deemed mediate; the father and the brother being, in these latter cases, the medium deferens, as it is called, of the descent or consanguinity. Levy v. McCartee, 6 Pet. 112, 8 L. Ed. 334; Furenes v. Mickelson, 86 Iowa, 508, 53 N. W. 416; Garner v. Wood, 71 Md. 37, 17 Atl. 1031.
Descent was denoted, in the Roman law, by the term "successio," which is also used by Bracton, and from which has been derived the succession of the Scotch and French ju­risprudence.
—Descent cast. The devolving of realty up­on the heir on the death of his ancestor intes­tate.

DESCRIPTIO PERSONS. Lat. De­scription of the person. By this Is meant a word or phrase used merely for the purpose of identifying or pointing out the person in­tended, and not as an intimation that the language in connection with which it occurs Is to apply to him only in the official or tech­nical character which might appear to be In­dicated by the word.
DESCRIPTION. 1. A delineation or ac­count of a particular subject by the recital of its characteristic accidents and qualities.
2.A written enumeration of items com­posing an estate, or of its condition, or of titles or documents; like an inventory, but with more particularity, and without involv­ing the idea of an appraisement.
3.An exact written account of an article, mechanical device, or process which is the subject of an application for a patent
4.A method of pointing out a particular person by referring to his relationship to some other person or his character as an of­ficer, trustee, executor, etc
5.That part of a conveyance, advertise­ment of sale, etc., which identifies the land intended to be affected.
DESERT. To leave or quit with an In­tention to cause a permanent separation; to forsake utterly; to abandon.
DESERTION. The act by which a per­son abandons and forsakes, without justifi­cation, or unauthorized, a station or con­dition of public or social life, renouncing its responsibilities and evading its duties.
In matrimonial and divorce law. An
actual abandonment or breaking off of matri­monial cohabitation, by either of the parties, and a renouncing or refusal of the duties and obligations of the relation, with an intent to abandon or forsake entirely and not to re­turn to or resume marital relations, occurring without legal justification either in the con­sent or the wrongful conduct of the other party. State v. Baker, 112 La. 801, 36 South. 703; Bailey v. Bailey, 21 Grat. (Va.) 47; Ingersoll v. Ingersoll, 49 Pa. 250, 88 Am. Dec. 500; Droege v. Droege, 55 Mo. App. 482; Bar-nett v. Barnett, 27 Ind. App. 466, 61 N. E. 737; Williams v. Williams, 130 N. Y. 193, 29 N. E. 98, 14 L. R. A. 220, 27 Am. St Rep. 517; Magrath v. Magrath, 103 Mass. 579, 4 Am. Rep. 579; Cass v. Cass, 31 N. J. Eq. 626; Ogilvie v. Ogilvie, 37 Or. 171, 61 Pac. 627; Tirrell v. Tirrell, 72 Conn. 567, 45 Atl. 153, 47 L. R, A. 750; State v. Weber, 48 Mo. App. 504.
In military law. An offense which con­sists in the abandonment of his post and duties by a person commissioned or enlisted in the army or navy, without leave and with the intention not to return. Hollingsworth ?. Shaw, 19 Ohio St 432, 2 Am. Rep. 411;
In re Sutherland (D. C.) 53 Fed. 551. There is a difference between desertion and simple "absence without leave;" in order to consti­tute the former, there must be an intention not to return to the service. Hanson v. South Scituate, 115 Mass. 336.
In maritime law. The act by which a seaman deserts and abandons a ship or ves­sel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in the maritime law, is meant not a mere unauthor­ized absence from the ship without leave, but an unauthorized absence from the ship, with an intention not to return to her serv­ice, or, as it is often expressed, animo non revertendi; that is, with an intention to de­sert Coffin v. Jenkins, 3 Story, 108, Fed. Cas. No. 2,948; The Union (D. C.) 20 Fed. 539; The Mary C. Conery (D. C.) 9 Fed. 223; The George, 10 Fed. Cas. 204.
DESHONORA. In Spanish law. Dis­honor ; injury; slander. Las Partidas, pt. 7, tit 9, 1. 1, &
DESIGN. In the law of evidence. Pur­pose or intention, combined with plan, or im­plying a plan in the mind. Burrill, Circ. Ev. 331; State v. Grant, 86 Iowa, 216, 53 N. W. 120; Ernest v. State, 20 Fla. 388; Hogan v. State, 36 Wis. 226.
As a term of art,'the giving of a visible form to the conceptions of the mind, or in­vention. Binns v. Woodruff, 4 Wash. C. C. 48, Fed. Cas. No. 1,424.
In patent law. The drawing or depiction of an original plan or conception for a novel pattern, model, shape, or configuration, to be used in the manufacturing or textile arts or the fine arts, and chiefly of a decorative or ornamental character. "Design patents" are contrasted with "utility patents," but equally involve the exercise of the inventive or origi­native faculty. Gorham Co. v. White, 14 Wall. 524, 20 L. Ed. 731; Manufacturing Co. v. Odell (D. C.) 18 Fed. 321; Binns v. Wood­ruff, 3 Fed. Cas. 424; Henderson y. Tomp­kins (C. C.) 60 Fed. 758.
"Design, in the view of the patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, and the like, taken as a whole, makes an im­pression, through the eye, upon the mind of the observer. The essence of a design resides, not in the elements individually, nor in their meth­od of arrangement, but in the tout ensemble—in that indefinable whole that awakens some sen­sation in the observer's mind. Impressions thus imparted may be complex or simple; in one a mingled impression of gracefulness and strength, in another the impression of strength alone. But whatever the impression, there is attached in the mind of the observer, to the object ob­served, a sense of uniqueness and character." Pelouze Scale Co. v. American Cutlery Co., 102 Fed. 918, 43 C. C. A. 52.
Designatio justiciariorum est a regej jnrisdictio vero ordinaria a lege. 4 Inst 74. The appointment of justices is by the


king, but their ordinary jurisdiction by the law.
DESIGNATIO PERSONS. The descrip­tion of a person or a party to a deed or con­tract
Designatio nnius est exclnsio altering, et express-am facit cessare taciturn. Co.
Litt. 210. The specifying of one is the ex­clusion of another, and that which is ex­pressed makes that which is understood to cease.
DESIGNATION. A description or de­scriptive expression by which a person or thing is denoted in a will without using the name.
DESIRE. This term, used in a will in re­lation to the management and distribution of property, has been interpreted by the courts with different shades of meaning, varying from the mere expression of a preference to a positive command. See McMurry v. Stan­ley, 69 Tex. 227, 6 S. W. 412; Stewart v. Stewart, 61 N. J. Eq. 25, 47 Atl. 633; In re Marti's Estate, 132 Gal. 666, 61 Pac. 964; Weber v. Bryant, 161 Mass. 400, 37 N. E. 203; Appeal of City of Philadelphia, 112 Pa. 470, 4 Atl. 4; Meehan v. Brennan, 16 App. Div. 395, 45 N. Y. Supp. 57; Brasher v. Ma^sh, 15 Ohio St 111; Major v. Herndon, 78 Ky. 123.
DESUNDE. A term used In the Span­ish law, denoting the act by which the bound­aries of an estate or portion of a country are determined.
DESMEMORIADOS. In Spanish law. Persons deprived of memory. White, New Recop. b. 1, tit 2, c. 1, § 4.
DESPACHEURS. In maritime law. Persons appointed to settle cases of average.
DESPATCHES. Official communications of official persons on the affairs of govern­ment.
DESPERATE. Hopeless; worthless. This term is used in inventories and sched­ules of assets, particularly by executors, etc., to describe debts or claims which are con­sidered impossible or hopeless of collection. See Schultz v. Pulver, 11 Wend. (N. Y.) 365.
—Desperate debt. A hopeless debt; an ir­recoverable obligation.
DESPITE. Contempt Despitz, con­tempts. Kelham.
DESPITUS. Contempt See Despite. A contemptible person. Fleta, lib. 4, c. 5.
DESPOJAR. A possessory action of the Mexican law. It is brought to recover pos­session of immovable property, of which one has been despoiled (despojado) by another.
DESPOIL. This word involves. In Its signification, violence or clandestine means by which one is deprived of that which he possesses. Its Spanish equivalent, despojar, is a term used in Mexican law. Sunol v. Hepburn, 1 Cal. 268.
DESPONSATION. The act of betroth­ing persons to each other.
DESPOSORIO. In Spanish law. Es­pousals ; mutual promises of future marriage. White, New Recop. b. 1, tit 6, c. 1, § 1.
DESPOT. This word, in its original and most simple acceptation, signifies master and supreme lord; it is synonymous with mon­arch ; but taken in bad part, as it is usually employed, it signifies a tyrant In some states, despot is the title given to the sover­eign, as king Is given in others. Enc. Lond.
—Despotism. That abuse of government where the sovereign power is not divided, but united in the hands of a single man, whatever may be his official title. It'is not, properly, a form of government. Toullier, Dr. Civ. Fr. tit. prel. n. 32. "Despotism" is not exactly synon­ymous with "autocracy," for the former involves the idea of tyranny or abuse of power, which is not necessarily implied by the latter. Every despotism is autocratic; but an autocracy is not necessarily despotic.—Despotize. To act as a despot. Webster.
DESRENABLE. I* Fr. Unreasonable. Britt c. 121.
DESSAISISSEMENT. In French law. When a person is declared bankrupt, he Is immediately deprived of the enjoyment and administration of all his property; this dep­rivation, which extends to all his rights, is called "dessaisissement." Arg. Fr. Merc. Law, 556.
DESTINATION. The purpose to which it is intended an article or a fund shall be applied. A testator gives a destination to a legacy when he prescribes the specific use to which it shall be put
The port at which a ship is to end her voy­age is called her "port of destination." Par-dessus, no. 600.
DESTITUTE. A "destitute person" Is one who has no money or other property avail­able for his maintenance or support. Nor-ridgewock v. Solon, 49 Me. 385; Woods v. Perkins, 43 La. Ann. 347, 9 South. 48.
DESTROY. As used in policies of insur­ance, leases, and in maritime law, this term is often applied to an act which renders the subject useless for its intended purpose, though it does not literally demolish or an­nihilate it. In re McCabe, 11 Pa. Super. Ct 564; Solomon v. Kingston, 24 Hun (N. Y.) 564; Insurance Co. v. Feibelman, 118 Ala. 308, 23 South. 759; Spalding v. Munford, 37 Mo. App. 281. To "destroy" a vessel means to unfit it for further service, beyond the


hope of recovery by ordinary means. U. S. r. Johns, 26 Fed. Cas. 618.
In relation to wills, contracts, and other documents, the term "destroy" does not im­port the annihilation of the instrument or its resolution into other forms of matter, but a destruction of its legal efficacy, which may be by cancellation, obliterating, tearing into fragments, etc. Appeal of Evans, 58 Pa. 244; Allen v. State Bank, 21 N. O. 12; In re Gangwere's Estate, 14 Pa. 417, 53 Am. Dec. 554; Johnson v. Brailsford, 2 Nott & McC. (S. C.) 272, 10 Am. Dec. 601.
DESTRUCTION. A term used in old English law, generally in connection with waste, and having, according to some, the same meaning. 1 Reeve, Eng. Law, 385; 3 Bl. Comm. 223. Britton, however, makes a distinction between waste of woods and de­struction of houses. Britt c. 66.
DESTJBITO. To weary a person with continual barkings, and then to bite; spoken of dogs. Leg Alured. 26, cited in Cunning­ham's Diet.
DESUETUDE. Disuse; cessation or dis­continuance of use. Applied to obsolete stat­utes. James v. Comm,, 12 Serg. & R. (Pa.) 227.
DETACHIARE. To seize or take into custody another's goods or person.
DETAINER. The act (or the juridical fact) of withholding fromxa person lawfully entitled the possession of land, or^goods; or the restraint of a man's personal liberty against his will.
The wrongful keeping of a person's goods is called an "unlawful detainer",although the orig­inal taking may have beenTawful. As, if one distrains another's cattle, damage feasant, and before they are impounded the owner tenders sufficient amends; now, though the original tak­ing was lawful, the subsequent detention of them after tender of amends is not lawful, and the owner has an action of replevin to recover them, in which he will recover damages for the detention, and not for the caption, because the original taking was lawful. 3 Steph. Comm. 548.
In practice. A writ or instrument, is­sued or made by a competent officer, author­izing the keeper of a prison to keep in his custody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there. Com. Dig. "Process," E, (3 B.) This writ was superseded by 1 & 2 Vict. c. 110, §§ 1,2. Forcible detainer. See that title.
DETAINMENT. This term is used in policies of marine insurance, in the clause relating to "arrests, restraints, and detain­ments." The last two words are construed as equivalents, each meaning the effect of superior force operating directly on the ves-
sel. Schmidt v. Insurance Co., 1 Johns. (N. Y.) 262, 3 Am. Dec. 319; Bradlie v. Insur­ance Co., 12 Pet. 402, 9 L. Ed. 1123; Simpson v. Insurance Co., Dud. Law (S. C.) 242.
DETENTIO. In the civil law. That con­dition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. It forms the substance of possession in all its varieties. Mackeld. Rom. Law, § 238.
DETENTION. The act of keeping back or withholding, either accidentally or by de­sign, a person or thing. See Detainer.
—Detention in a reformatory, as a punish­ment or measure of prevention, is where a ju­venile offender is sentenced to be sent to a re­formatory school, to be there detained for a certain period of time. 1 Russ. Crimes, 82.
DETERMINABLE. That which may cease or determine upon the happening of a certain contingency. 2 Bl. Comm. 121.
As to determinable "Fee" and "Freehold," see those titles.
DETERMINATE. That which is ascer­tained; what is particularly designated.
DETERMINATION. The decision of a court of justice. Shirley v. Birch, 16 Or. 1, 18 Pac. 344; Henavie v. Railroad Co., 154 N. Y. 278, 48 N. E. 525. The ending or ex­piration of an estate or interest in property, or of a right, power, or authority.
DETERMINE. To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 Washb. Real Prop. 380.
DETESTATIO. Lat. In the civil law. A summoning made, or notice given, in the presence of witnesses, (denuntiatio facta cum testatione.) Dig. 50, 16, 40.
DETINET. Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159.
In pleading. An action of debt is said to be in the dettnet when it is alleged merely that the defendant witholds or unjustly de­tains from the plaintiff the thing or amount demanded.
An action of replevin is said to be in the detinet when the defendant retains posses­sion of the property until after judgment in the action. Bull. N. P. 52; Chit. PI. 145.
DETINUE. In practice. A form of ac­tion which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together with damages for the detention. 3 Bl. Comm. 152. Sinnott v. Fei-ock, 165 N. Y. 444, 59 N. E. 265, 53 L. R. A. 565, 80 Am. St. Rep. 736; Penny v. Davis,


3 B. Mon. (Ky.) 314; Guille v. Fook, 13 Or. 577, 11 Pac. 277.
The action of detinue is denned in the old books as a remedy founded upon the delivery of goods by the owner to another to keep, who afterwards refuses to redeliver them to the bail­or; and it is said that, to authorize the main­tenance of the action, it is necessary that the defendant should have come lawfully into the possession of the chattel, either by delivery to him or by finding it. In fact, it was once un­derstood to be the law that detinue does not lie where the property had been tortiously taken. But it is, upon principle, very unimportant in what manner the defendant's possession com­menced, since the gist of the action is the wrongful detainer, and not the original taking. It is only incumbent upon the plaintiff to prove property in himself, and possession in the de­fendant At present, the action of dettnue is proper in every case where the owner prefers recovering the specific property to damages for its conversion, and no regard is had to the man­ner in which the defendant acquired the posses­sion. Peirce v. Hill, 9 Port. (Ala.) 151, 33 Am. Dec. 306.
DETINUE OF GOODS IN FRANK MARRIAGE. A *rrit formerly available to a wife after a divorce, for the recovery of the goods given with her in marriage. Moz-ley & Whitley.
DETINTJIT. In pleading. An action of replevin is Baid to be in the detinuit when the plaintiff acquires possession of the prop­erty claimed by means of the writ. The right to retain is, of course, subject in such case to the judgment of the court upon his title to the property claimed. Bull. N. P. 521.
DETRACTARI. To be torn in pieces by horses. Fleta, 1. 1, c. 37.
DETRACTION. The removal of prop­erty from one state to another upon a trans­fer of the title to it by will or inheritance. Frederickson v. Louisiana, 23 How. 445, 16 L. Ed. 577.
DETRIMENT. Any loss or harm suffer­ed in person or property; e. g., the considera­tion for a contract may consist not only in a payment or other thing of value given, but also in loss or "detriment" suffered by the' party. Civ. Code Mont. 1895, § 4271; Civ. Code S. D. 1903, § 2287; Rev. St. Okl. 1903, § 2724.
DETTJNICARI. To discover or lay open to the world. Matt. Westm. 1240.
DEUNX, pi. DEUNCES. Lat. In the Roman law. A division of the as, contain­ing eleven uncice or duodecimal parts; the proportion of eleven-twelfths. 2 Bl. Comm. 462, note. See As.
Demi solus hseredem faoere potest, son Jiomo. God alone, and not man, can make an heir. Co. Lift. 76; Broom, Max. 516.
DEUTEROGAMY. The act, or condi­tion, of one who marries a wife after the death of a former wife.
offender without sureties or pledges. Co well.
DEVASTATION. Wasteful use of the property of a deceased person, as for extrav­agant funeral or other unnecessary expense* 2 Bl. Comm. 508.
DEVASTAVERUNT. They have wasted. A term applied in old English law to waste by executors and administrators, and to the process issued against them therefor. Cow-ell. See Devastavit.
DEVASTAVIT. Lat He has wasted. The act of an executor or administrator in wasting the goods of the deceased; misman-v agement of the estate by which a loss oc­curs ; a breach of trust or misappropriation of assets held in a fiduciary character; any violation or neglect of duty by an executor or administrator, involving loss to the de­cedent's estate, which makes him personally responsible to heirs, creditors, or legatees. Clift v. White, 12 N. Y. 531; Beardsley v. Marsteller, 120 Ind. 319, 22 N. E. 315; Steel v. Holladay, 20 Or. 70, 25 Pac. 69, 10 L. R, A. 670; Dawes v. Boylston, 9 Mass. 353, 6 Am. Dec. 72; McGlaughlin v. McGlaughlin, 43 W. Va. 226, 27 S. E. 378.
Also, if plaintiff, in an action against an executor or administrator, has obtained judg­ment, the usual execution runs de bonis tes-tatorisj but, if the sheriff returns to such a writ nulla bona testatoris nee propria, the plaintiff may, forthwith, upon this return, sue out an execution against the property or person of the executor or administrator, in as full a manner as in an action against him, sued In his own right. Such a return is called a "devastavit." Brown.
DEVENERUNT. A writ, now obsolete, directed to the king's escheators when any of the king's tenants in capite dies, and when his son and heir dies within age and in the king's custody, commanding the escheators, that by the oaths of twelve good and lawful men they shall inquire what lands or tene­ments by the death of the tenant have come to the king. Dyer, 360; Termes de la Ley.
DEVEST. To deprive;, to take away; to withdraw. Usually spoken of an authority, power, property, or title; as the estate is de­vested.
Devest Is opposite to invest. As to invest signifies to deliver the possession of anything to another, so to devest signifies to take it away. Jacob.
It Is sometimes written "divest" but "de­vest" has the support of the best authority. Burrill.


DEVIATION. In insurance. Varying from the risks insured against, as described In the policy, without necessity or just cause, after the risk has begun. 1 Phil. Ins. § 977, et seq.; 1 Arn. Ins. 415, et seq. Hostetter v. Park, 137 U. S. 30, 11 Sup. Ct 1, 34 L. Ed. 568; Wilkins v. Insurance Co., 30 Ohio St. 317, 27 Am. Rep. 455; Bell v. Insurance Co., 5 Rob. (La.) 445, 39 Am. Dec. 542; Audenreid y. Insurance Co., 60 N. Y. 484, 19 Am. Rep. 204; Crosby v. Fitch, 12 Conn. 420, 31 Am. Dec. 745; The Iroquois, 118 Fed. 1003, 55 O. C. A. 497.
Any unnecessary or unexcused departure from the usual or general mode of carrying on the voyage insured. 15 Amer. Law Rev. 108.
Deviation is a departure from the course of the voyage insured, or an unreasonable delay in pursuing the voyage, or the com­mencement of an entirely different voyage. Civil Code Cal. I 2694.
A deviation is a voluntary departure from or delay in the usual and regular course of a voyage insured, without necessity or reasonable cause. This discharges the insurer, from the time of the deviation. Coffin v. Newburyport Marine Ins. Co., 9 Mass. 436.
In contracts. A change made In the progress of a work from the original terms or design or method agreed upon.
DEVICE. An invention or contrivance; any result of design; as in the phrase "gambling device," which means a machine or contrivance of any kind for the playing of an unlawful game of chance or hazard. State v. Blackstone, 115 Mo. 424, 22 S. W. 370. Also, a plan or project; a scheme to trick or de­ceive; a stratagem or artifice; as in the laws relating to fraud and cheating. State v. Smith, 82 Minn. 342, 85 N'. W. 12. Also an emblem, pictorial representation, or distin­guishing mark or sign of any kind; as in the laws prohibiting the marking of ballots used in public elections with "any device." Bax­ter v. Ellis, 111 N. C. 124, 15 S. E. 938, 17 L. R. A. 382; Owens v. State, 64 Tex. 509; Steele r. Calhoun, 61 Miss. 556.
In a statute against gaming devices, this term is to be understood as meaning something form­ed by design, a contrivance, an invention. It is to be distinguished from "substitute," which means something put in the place of another thing, or used instead of something else. Hen­derson v. State, 59 Ala. 91.
In patent law. A plan or contrivance, or an application, adjustment, shaping, or com­bination of materials or members, for the purpose of accomplishing a particular result or serving a particular use, chiefly by me­chanical means and usually simple in char­acter or not highly complex, but involving the exercise of the inventive faculty.
DEVIL ON THE NECK. An instrument of torture, formerly used to extort confes­sions, etc It was made of several irons, wlfech were fastened to the neck and legs,
and wrenched together so as to break the back. Cowell.
DEVISABLE. Capable of being devised. 1 Pow. Dev. 165; 2 Bl. Comm. 373.
DEVISAVTT VEL NON. In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the va­lidity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will. 7 Brown, Pari. Cas. 437; 2 Atk. 424; Asay v. Hoover, 5 Pa. 21, 45 Am. Dec. 713.
DEVISE. A testamentary disposition of land or realty; a gift of real property by the last will and testament of the donor. Scholle v. Scholle, 113 N. T. 261, 21 N. E. 84; Fere-bee v. Procter, 19 N. C. 440; Pratt v. Mc-Ghee, 17 S. C. 428; In re Fetrow's Estate, 58 Pa. 427; Jenkins v. Tobin, 31 Ark. 306; In re Dailey's Estate, 43 Misc. Rep. 552, 89 N. T. Supp. 541.
Synonyms. The term "devise" is properly restricted to real property, and is not applicable to testamentary dispositions of personal proper­ty, which are properly called "bequests" or "leg­acies." But this distinction will not be allow­ed in law to defeat the purpose of a testator; and all of these terms may be construed inter­changeably or applied indifferently to either real or personal property, if the context shows that such was the intention of the testator. Ladd v. Harvey, 21 N. H. 528; Borgner v. Brown, 133 Ind. 391, 33 N. E. 92; Oothout v. Rogers, 59 Hun, 97, 13 N. Y. Supp. 120; McCorkle v. Sherrill, 41 N. C. 176.
Classification. Devises are contingent or vested; that is, after the death of the testator Contingent, when the vesting of any estate in the devisee is made to depend upon some future avent, in which case, if the event never occur, or until it does occur, no estate vests under the devise. But, when the future event is referred to merely to determine the time at which the devisee shall come into the use of the estate, this does not hinder the vesting of the estate at the death of the testator. 1 Jarm. Wills, c. 26. Devises are also classed as general or spe­cific. A general devise is one which passes lands of the testator without a particular enu­meration or description of them; as, a devise of "all my lands" or "all my other lands." In a more restricted sense, a general devise is one which grants a parcel of land without the ad­dition of any words to show how great an es­tate is meant to be given, or without words in­dicating either a grant in perpetuity or a grant for a limited term; in this case it is construed as granting a life estate. Hitch v. Patten, 8 Houst. (Del.) 334, 16 Atl. 558, 2 L. R. A. 724. Specific devises are devises of lands particu­larly specified in the terms of the devise, as op­posed to general and residuary devises of land, in which the local or other particular descrip­tions are not expressed. For example, "I de­vise my Hendon Hall estate" is a specific devise; but "I devise all my lands," or, "all other my lands," is a general devise or a residuary de­vise. But all devises are (in effect) specific, even residuary devises being so. L. R. 3 Ch. 420; Id. 136. A conditional devise is one which depends upon the occurrence of some un­certain event, by which it is either to take ef­fect or be defeated. Civ. Code Cal. § 1345. An executory devise of lands is such a disposition


of them by will that thereby no estate vests at the death of the devisor, but only on some fu­ture contingency. It differs from a remainder in three very material points: (1) That it needs not any particular estate to support it; (2) that by it a fee-simple or other less estate may be limited after a fee-simple; (3) that by this means a remainder may be limited of a chattel interest, after a particular estate for life created in the same. 2 Bl. Gomm. 172. In a stricter sense, a limitation by will of a future contingent interest in lands, contrary to the rules of the common law. 4 Kent, Comm. 263; 1 Steph. Comm. 564. A limitation by will of a future estate or interest in land, which can-
$t, consistently with the rules of law, take ef-;t as a remainder. 2 Pow. Dev. (by Jarman,) 237. See Poor v. Considine, 6 Wall. 474, 18 L. Ed. 869; Bristol v. Atwater, 50 Conn. 406; Mangum v. Piester, 16 S. C. 325; Civ. Code Ga. 1895, § 3339; Thompson v. Hoop, 6 Ohio St. 487; Burleigh v. Clough, 52 N. H. 273, 13 Am. Rep. 23; In re Brown's Estate, 38 Pa. 294; Glover v. Condell, 163 111. 566, 45 N. E. 173, 35 L. R. A. 360. Lapsed devise. A devise which1 fails, or takes no effect, in consequence of the death of the devisee before the testator; the subject-matter of it being considered as not disposed of by the will. 1 Steph. Comm. 559; 4 Kent, Comm. 541. Murphy v. McKeon, 53 N. J. Eq. 406, 32 Atl. 374. Residuary devise. A devise of all the residue of the testator's real property, that is, all that remains over and above the other devises.
DEVISEE. The person to whom lands or other real property are devised or given by will. 1 Pow. Dev. c. 7.
—Residuary devisee. The person named in a will, who is to take all the real property re­maining over and above the other devises.
DEVISOR. A giver of lands or real es­tate by will; the maker of a will of lands; a testator.
DEVOIR. Fr. Duty. It Is used in the statute of 2 Rich. II. c. 3, in the sense of duties or customs.
DEVOLUTION. The transfer or transi­tion from one person to another of a right, liability, title, estate, or office. Francisco v. Aguirre, 94 Cal. 180, 29 Pac. 495; Owen v. Insurance Co., 56 Hun, 455, 10 N. Y. Supp. 75.
In eeclesiastical law. The forfeiture of a right or power (as the right of presentation to a living) in consequence of its non-user by the person holding it, or of some other act or omission on his part, and its resulting transfer to the person next entitled.
In Scotch law. The transference of the right of purchase, from the highest bidder at an auction sale, to the next highest, when the former fails to pay his bid or furnish se­curity for its payment within the time ap­pointed. Also, the reference of a matter in controversy to a third person (called "overs-man") by two arbitrators to whom it has been submitted and who are unable to agree.
Louisiana, one which does not suspend the
execution of the judgment appealed from. State v. Allen, 51 La. Ann. 1842, 26 South. 434.
DEVOLVE. To pass or be transferred from one person to another; to fall on, or accrue to, one person as the successor of an­other; as, a title, right, office, liability. The term is said to be peculiarly appropriate to the passing of an estate from a person dying to a person living. Parr v. Parr, 1 Mylne & K. 648; Babcock v. Maxwell, 29 Mont. 31, 74 Pac. 64. See Devolution.
DEVY. L. Fr. Dies; deceases. Bend-loe, 5.
DEXTANS. Lat In Roman law. A di­vision of the as, consisting of ten unciw; ten-twelfths, or five-sixths. 2 Bl. Comm. 462, note m.
DEXTRARIUS. One at the right hand of another.
DEXTRAS DARE. To shake hands in token of friendship; or to giye up oneself to the power of another person.
DI COLONNA. In maritime law. The contract which takes place between the own­er of a ship, the captain, and the mariners, who agree that the voyage shall be for the benefit of all. The term is used in the Ital­ian law. Emerig. Mar. Loans, § 5.
DI. ET FI. L. Lat In old writs. An abbreviation of dilecto et fideli, (to his be­loved and faithful.)
DIACONATE. The office of a deacon.
DIACONUS. A deacon
DIAGNOSIS. A medical term, meaning the discovery of the source of a patient's ill­ness or the determination > of the nature of his disease from a study of its symptoms. Said to be little more than a guess enlighten­ed by experience. Swan v. Railroad Co., 79 Hun, 612, 29 N. Y. Supp. 337.
DIALECTICS. That branch of logic which teaches the rules and modes of rea­soning.
DIALLAGE. A rhetorical figure In which arguments are placed in various points of view, and then turned to one point. Enc. Lond.
DIALOGUS DE SCACCARIO. Dia­logue of or about the exchequer. An ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of London in the reign of Richard I. It is quoted by Lord Coke under the name of Ockham. Crabb, Eng. Law, 7L

U. S. 118, 143, 26 L. Ed. 327; In re Woodruff
(D. C.) 96 Fed. 317; Hart v. Stribling, 25 Fla. 433, 6 South. 455; Buchner v. Railroad Oo., 60 Wis. 264, 19 N. W. 56; Rush v.
» French, 1 Ariz. 99, 25 Pac 816; State v. Clarke, 3 Nev. 572.
Dtcta are opinions of a judge which do not ' embody the resolution or determination of the couit, and made without argument, or full con­sideration of the point, are not the professed de-: liberate determinations of the judge himself. Otiter dicta are such opinions uttered by the ' way, not upon the point or question pending, as if turning aside for the time from the main topic of the case to collateral subjects. Rohrbach v.
- Insurance Co., 62 N. Y. 47, 58, 20 Am. Rep.
; 451.
' In old English law. Dictum meant an
arbitrament, or the award of arbitrators.
In French law. The report of a judg­ment made by one of the judges who has given it Poth. Proc. Civil, pt 1, c. 5, art 2.
, —Dictum de Kenilworth. The edict or declaration of Kenilworth. An edict or
, award between King Henry III. and all the barons and others who had been in arms against bim; and so called because it was made at Kenilworth Castle in Warwickshire, in the fif-
, ty-first year of his reign, containing a compo­sition of five years' rent for the lands and es-
1 tates of those who had forfeited them in that rebellion. Blount; 2 Reeve, Eng. Law, 62.
Without Issue. i
DIEI DICTIO. Lat In Roman law. This name was given to a notice promulgated by a magistrate of his intention to present an impeachment against a citizen before the peo­ple, specifying the day appointed, the name of the accused, and the crime charged.
DIEM CLAUSIT EXTREMUM. (Lat He has closed his last day,—died.) A writ which formerly lay on the death of a tenant in capite, to ascertain the lands of which he died seised, and reclaim them into the king's hands. It was directed to the king's es-cheators. Fitzh. Nat. Brev. 251, K; 2 Reeve, Eng. Law, 327.
A writ awarded out of the exchequer after the death of a crown debtor, the sheriff be­ing commanded by it to inquire by a jury when and where the crown debtor died, and what chattels, debts, and lands he had at the time of his decease, and to take and seize them into the crown's hands. 4 Steph. Comm. 47, 48.
DIES. Lat A day; days. Days for ap­pearance in court. Provisions or mainte­nance for a day. The king's rents were an­ciently reserved by so many days' provisions. Spelman; Cowell; Blount
—Dies a quo. (The day from which.) ^n the civil law. The day from which a transaction begins; the commencement of it; the conclu­sion being the dies ad quern. Mackeld. Rom, Law, § 185.—Dies amoris. A day of favor. The name given to the appearance day of the term on the fourth day, or quarto die post. It was the day given by the favor and indulgence of the court to the defendant for his appear-

ance, when all parties appeared in court, and had their appearance recorded by the proper of­ficer. Wharton.—Dies cedit. The day be­gins ; dies venit, the day has come. Two ex­pressions in Roman law which signify the vest­ing or fixing of an interest, and the interest be­coming a present one. Sandars' Just. Inst. (5th Ed.) 225, 232.—Dies communes in banco. Regular days for appearance in court; called, also "common return-days." 2 Reeve, Eng. Law, 57.—Dies datns. A day given or allow­ed, (to a defendant in an action;) amounting to a continuance. But the name was appropriate only to a continuance before a declaration fil­ed ; if afterwards allowed, it was called au "imparlance."—Dies datns in banco. A day given in the bench, (or court of common pleas.) Bract, fols. 2576, 361. A day given in bank. as distinguished from a day at nisi prius. Co. Litt. 135.—Dies datns partibns. A day giv­en to the parties to an action; an adjournment or continuance. Crabb, Eng. Law, 217.—Dies datns prece partinm. A day given on the
grayer of the parties. Bract tol. 358; Gilb. bmm. PL 41; 2 Reeve, Eng. Law, 60.—Dies dominions. The Lord's day; Sunday.—Dies excrescens. In old English law. The added or increasing day in leap pear. Bract, fols. 359, 3596.—Dies fasti. In Roman law. Days on which the courts were open, and justice could be legally administered; days on which it was lawful for the prsetor to pronounce (Tart) the three words, "do," "dico," "addico." Mack-eld. Rom. Law, § 39, and note; 3 Bl. Comm. 424, note; Calvin. Hence called "triverlial days," answering to the dies juridici of the Eng­lish law.—Dies feriati. In the civil law. Holidays. Dig. 2, 12, 2, 9.—Dies gratia:. In old English practice. A day of grace, cour­tesy, or favor. Co. Litt 1346. The quarto die {>ost was sometimes so called. Id. 13o«.—Dies ntercisi. In Roman law. Divided days; days on which the courts were open for a part of the day. Calvin.—Dies jnridicns. A law­ful day for the transaction of judicial or court business; a day on which the courts are or may be open for the transaction of business. Didsbury v. Van Tassell, 56 Hun, 423, 10 N. Y. Supp. 32.—Dies legitimns. In the civil and old English law. A lawful or law day; a term day; a day of appearance.—Dies march-ise. In old English law. The day of meeting of English and Scotch, which was annually held on the marches or borders to adjust their differences and preserve peace.—Dies nef asti. In Roman law. Days on which the courts were closed, and it was unlawful to administer justice; answering to the dies non juridioi of the English law. Mackeld. Rom. Law, § 39, note..—Dies non. An abbreviation of Dies non juridicus, (q. v.)—Dies non jnridicns. In practice. A day not juridical; not a court day. A day on which courts are not open for business, such as Sundays and some holi­days. Havens v. Stiles, 8 Idaho, 250, 67 Pac. 921, 56 L. R, A. 736, 101 Am. St. Rep. 195; State v. Ricketts, 74 N. C. 193.—Dies pacis. (Day of peace.) The year was formerly divided into the days of the peace of the church and the days of the peace of the king, including in the two divisions all the days of the year. Crabb, Eng. Law, 35.—Dies Solaris. In old English law. A solar day, as distinguished from what was called "dies lunaris" (a lunar day;) both composing an artificial day. Bract. fol. 264. See Day.—Dies soils. In the civil and old English law. Sunday, fliterally, the day of the sun.) See Cod. 3, 12, 7.—Dies nti-les. Juridical days; useful or available days. A term of the Roman law, used to designate those especial days occurring within the limits of a prescribed period of time upon which it was lawful, or possible, to do a specific act
Dies dominions non est jnridicns. Sun­day is not a court day, or day for judicial
proceedings, or legal purposes. Co. Litt 135a; Noy, Max. 2; Wing. Max. 7, max. 5; Broom, Max. 21.
Dies inceptns pro oompleto nabetnr.
A day begun is held as complete.
Dies incertns pro oonditione habetnr.
An uncertain day is held as a condition.
DIET. A general legislative assembly is sometimes so called on the continent of Eu­rope.
In Scotch, practice. The sitting of a court. An appearance day. A day fixed for the trial of a criminal cause. A criminal cause as prepared for trial.
DIETA. A day's journey; a day's work; a day's expenses.
DIETS OF COMPEARANCE. In Scotch law. The days within which parties in civil and criminal prosecutions are cited to ap­pear. Bell.
my right The motto of the royal arms of England, first assumed by Richard I.
DIEU SON ACTE. L. Fr. In old law. God his act; God's act An event beyond human foresight or control. Termes de la Ley.
DIFFACERE. To destroy; to disfigure or deface.
DIFFERENCE. In an agreement for sub­mission to arbitration, "difference" means disagreement or dispute. Fravert v. Fesler, 11 Colo. App. 387, 53 Pac. 288; Pioneer Mfg. Co. v. Phoenix Assur. Co., 106 N. O. 28, 10 S. E. 1057.
Difficile est nt nnns homo vicem dnor-urn snstineat. 4 Coke, 118. It is difficult that one man should sustain the place of two.
DIFFICULT. For the meaning of the phrase "difficult and extraordinary case," as used in New York statutes and practice, see Standard Trust Co. v. New York, etc., R. Co., 178 N. Y. 407, 70 N. E. 925; Fox v. Gould, 5 How. Prae. (N. Y.) 278; Horgan v. McKenzie (Com. PI.) 17 N. Y. Supp. 174; Dyckman v. McDonald, 5 How. Prac. (N. Y.) 121.
DIFFORCIARE. In old English law. To deny, or keep from one. Difforciare rec­tum, to deny justice to any one, after having been required to do it
DIGAMA, or DIGAMY. Second mar­riage; marriage to a second wife after the death of the first, as ">bigamy," in law, is having two wives at once. Originally, a man who married a widow, or married again after the death of his wife, was said to be guilty of bigamy. Co. Litt 406, note.


DIGEST. A collection or compilation, embodying the chief matter of numerous books in one, disposed under proper heads or titles, and usually by an alphabetical arrange­ment, for facility in reference.
As a legal term, "digest" is to be distinguish­ed from "abridgment." The latter is a sum­mary or epitome of the contents of a single work, in which, as a rule, the original order or sequence of parts is preserved, and in which the principal labor of the compiler is in the matter of consolidation. A digest is wider in its scope; is made up of quotations or para­phrased passages; and has its own system of classification and arrangement. An "index" merely points out the places where particular matters may be found, without purporting to give such matters in extenso. A "treatise' or
commentary" is not a compilation, but an original composition, though it may include quo­tations and excerpts.
A reference to the "Digest," or "Dig.," is always understood to designate the Digest (or Pandects) of the Justinian collection; that being the digest par eminence, and the authoritative compilation of the Roman law.
DIGESTA. Digests. One of the titles of the Pandects of Justinian. Inst, prcem, § 4. Bracton uses the singular, "Digestum." Bract, fol. 19.
DIGESTS. The ordinary name of the Pandects of Justinian, which are now usual­ly cited by the abbreviation "Dig." instead of "Ff.," as formerly. Sometimes called "Di­gest," in the singular.
DIGGING. Has been held as synony­mous with "excavating," and not confined to the removal of earth. Sherman v. New York, 1 N. Y. 316.
DIGNITARY. In canon law. A person holding an ecclesiastical benefice or dignity, which gave him some pre-eminence above mere priests and canons. To this class ex­clusively belonged all bishops, deans, arch­deacons, etc.; but it now includes all the prebendaries and canons of the church. Brande.
DIGNITY. In English law. An honor; a title, station, or distinction of honor. Dig­nities are a species of incorporeal heredita­ments, in which a person may have a prop­erty or estate. 2 Bl. Comm. 37; 1 Bl. Comm. 396; 1 Crabb, Real Prop. 468, et seq.
DIJUDICATION. Judicial decision or determination.
DILACION. In Spanish law. A space of time granted to a party to a suit in which to answer a demand or produce evidence of a disputed fact.
DILAPIDATION. A species of ecclesi­astical waste which occurs whenever the in­cumbent suffers any edifices of his ecclesias­tical living to go to ruin or decay. It is ei-
ther voluntary, by pulling down, or permis­sive, by suffering the church, parsonage-houses, and other buildings thereunto be­longing, to decay. And the remedy for either lies either in the spiritual court, where the canon law prevails, or in the courts of com­mon law. It is also held to be good cause of deprivation if the bishop, parson, or other ecclesiastical person dilapidates buildings or cuts down timber growing on the patrimony of the church, unless for necessary repairs; and that a writ of prohibition will also lie against him in the common-law courts. 3 Bl. Comm. 91.
The term is also used, in the law of land­lord and tenant, to signify the neglect of necessary repairs to a building, or suffering it to fall into a state of decay, or the pulling down of the building or any part of it
Dilationes in lege sunt odiosee. Delays in law are odious. Branch, iPrinc.
DILATORY. Tending or intended to cause delay or to gain time or to put off a decision.
—Dilatory defense. In chancery practice. One the object of which is to dismiss, suspend, or obstruct the suit, without touching the mer­its, until the impediment or obstacle insisted on shall be removed. 3 Bl. Comm. 301, 302.—Dil­atory pleas. A class of defenses at common law, founded on some matter of fact not con­nected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jiir risdiction, showing that, by reason of some mat­ter therein stated, the case was not within the jurisdiction of the court; or pleas in suspen­sion, showing some matter of temporary inca­pacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. 3 Steph. Comm. 576. Parks v. McClellan, 44 N. J. Law, 558; Mahoney v. Loan Ass'n (O. C.) 70 Fed. 515.
DILIGENCE. Prudence; vigilant activi­ty; attentiveness; or care, of which there are infinite shades, from the sligBtest mo­mentary thought to the most vigilant anx­iety; but the law recognizes only three de­grees of diligence: (1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is neces­sarily variable with respect to the facts, al­though it may be uniform with respect to the principle. (2) High or great, which is ex­traordinary diligence, or that which very prudent persons take of their own concerns. (3) Low or slight, which is that which per­sons of less than common prudence, or in­deed of no prudence at all, take of their own concerns.
The civil law is in perfect conformity with the common law. It lays down three degrees of diligence,—ordinary, (diligentia;) extra­ordinary, (exactissima diligentia;) slight, (levissima diligentia.) Story, Bailm. 19.
There may be a high degree of diligence, a common degree of diligence, and a slight de­gree of diligence, with their corresponding de­grees of negligence, and these can be clearly enough defined for all practical purposes, and,


with a Tiew to the business of life, seem to be all that are really necessary. Common or or­dinary diligence is that degree of diligence vrhich men in general exercise in respect to their own concerns; high or great diligence is of course extraordinary diligence, or that which very prudent persons take of their own con­cerns ; and low or slight diligence is that which persons of less than common prudence, or in­deed of any prudence at all, take of their own concerns. Ordinary negligence is the want of ordinary diligence; slight, or less than ordina­ry, negligence is the want of great diligence; and gross or more than ordinary negligence is the want of slight diligence. Railroad Co. v. Rollins, 5 Kan. 180.
Other classifications and compound terms.—Due diligence. Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances; not measured by any absolute standard, but depending on the rela­tive facts of the special case. Perry v. Cedar Falls, 87 Iowa, 315, 54 N. W. 225; Dillman v. Nadelhoffer. 160 111. 121, 43 N. E. 378; Hendricks v. W U. Tel. Co.. 126 N. C. 304, 35 S. E. 543, 78 Am. St. Rep. 658; Highland Ditch Co. v. Mumford, 5 Colo. 336 —Extraor­dinary diligence. That extreme measure of care and caution which persons of unusual pru­dence and circumspection use for securing and preserving their own property or rights. Civ. Code Ga. 1895, § 2899; Railroad Co. v. Hug-gins, 89 Ga. 494, 15 S. E. 848; Railroad Co. v. White. 88 Ga. 805. 15 S. E. 802.—Great diligence. Such a measure of care, prudence, and assiduity as persons of unusual prudence and discretion exercise in regard to any and all of their own affairs, or such as persons of ordi­nary prudence exercise in regard to very im­portant affairs of their own. Railway Co. v. Rollins, 5 Kan. 180; Litchfield v. White, 7 N. Y. 438, 57 Am. Dec. 534; Rev. Codes N. Dak. 1899, § 5109—High diligence. The same as great diligence—Low diligence. The same as slight diligence.—Necessary diligence. That degree of diligence which a person placed in a particular situation must exercise in order to entitle him to the protection of the law in respect to rights or claims growing out of that situation,, or to avoid being left without redress on account of his own culpable carelessness or negligence. Garahy v. Bayley, 25 Tex. Supp. 302; Sanderson v. Brown, 57 Me. 312.—Ordi­nary diligence is that degree of care which men of common prudence generally exercise in their affairs; in the country and the age in which they live. Erie Bank v. Smith, 3 Brewst. (Pa.) 9; Zell v. Dunkle, 156 Pa. 353, 27 Atl. 38: Railroad Co. v. Scott. 42 111. 143; Briggs v. Taylor, 28 Vt. 184; Railroad Co. v. Fisher, 49 Kan. 460, 30 Pac. 462; Railroad Co. v. Mitch­ell, 92 Ga. 77, 18 S. E. 290.—Reasonable dil­igence. A fair, proper, and due degree of care and activity, measured with reference to the particular circumstances; such diligence, care, or attention as might be expected from a man of ordinary prudence and activity. Railroad Co v. Gist, 31 Tex. Civ. App. 662, 73 S. W. 857; Bacon v. Steamboat Co., 90 Me. 46, 37 Atl. 328; Latta v. Clifford (C. C.) 47 Fed. 620; Rice v. Brook (C. C.) 20 Fed 614—Special diligence. The measure of diligence and skill exercised by a good business man in his partic­ular specialty, which must be commensurate with the duty to be performed and the individual cir­cumstances of the case; not merely the dili-fence of an ordinary person or non-specialist. Srady v. Jefferson, 5 Houst. (Del.) 79.
In Scotch law and practice. Process of
law, by which persons, lands, or effects are
seized in execution or in security for debt.
Ersk. Inst 2, 11, 1. Brande. Process for
Bl.Law Dict.(2d Ed.)—24
enforcing the attendance of witnesses, or the production of writings. Ersk. Inst. 4, 1, 71.
DH.IGIATUS. (Fr. De lege efectus, I/at.) Outlawed.
DILLIGROTTT. In old English law. Pottage formerly made for the king's table on the coronation day. There was a tenure in serjeantry, by which lands were held of the king by the service of finding this pottage at that solemnity.
DIME. A silver coin of the United States, of the value of ten cents, or one-tenth of the dollar.
Half; a half; the half.
DIMIDIETAS. The moiety or half of a thing.
DIMINUTIO. In the civil law. Dimi­nution; a taking away; loss or deprivation. Diminutio capitis, loss of status or condition. See Capitis Diminutio.
DIMINUTION. Incompleteness. A word signifying that the record sent up from an inferior to a superior court for review is in­complete, or not fully certified. In such case the party may suggest a "diminution of the record," which may be rectified by a cer­tiorari. 2 Tidd, Pr. 1109.
DIMISI. In old conveyancing. I have demised. Dimisi, concessi, et ad firmam tra-didi, have demised, granted, and to farm let. The usual words of operation in a lease. 2 Bl. Comm. 317, 318.
DIMISIT. In old conveyancing. [He] has demised. See Dimisi.
DIMISSORLZE LITTERS. In the civil law. Letters dimissory or dismissory, com­monly called "apostles," (quce vulgo apostoli dicuntur.) Dig. 50, 16, 106. See Apostoli,
DIMISSORY LETTERS. Where a can­didate for holy orders has a title of ordina­tion in one diocese in England, and is to be ordained in another, the bishop of the former diocese gives letters dimissory to the bishop of the latter to enable him to ordain the can­didate. Holthouse.
DINARCHY. A government of two per­sons.
DINERO. In Spanish law. Money. Dtnero contado, money counted. White, New Recop. b. 2, tit. 13, c. 1, § 1.
In Roman law. A civil division of the Roman empjre, embracing several provinces. Calvin.
DIOCESAN. Belonging to a diocese; a bishop, as he stands related to his own clergy or flock.


DIOCESAN COURTS. In English law. The consistorial courts of each diocese, exer­cising general jurisdiction of all matters aris­ing locally within their respective limits, with the exception of places subject to pe­culiar jurisdiction; deciding all matters of spiritual discipline,—suspending or depriving clergymen,—and administering the other branches of the ecclesiastical law. 2 Steph. Comm. 672.
DIOCESE. The territorial extent of a bishop's jurisdiction. The circuit of every bishop's jurisdiction. Co. Ldtt 94; 1 BL Comm. 111.
DIQICHIA. The district over which a bishop exercised his spiritual functions.
DIP. In mining law. The line of declina­tion of strata; the angle which measures the deviation of a mineralized vein or lode from the vertical plane; the slope or slant of a vein, away from the perpendicular, as it goes downward into the earth; distinguished from the "strike" of the vein, which is its extension in the horizontal plane, or Its lengthwise trend or course with reference to the points of the compass. King v. Mining Co., 9 Mont 543, 24 Pac. 200; Duggan v. Da-vey, 4 Dak. 110, 26 N. W. 887.
DIPLOMA. In the civil law. A royal charter; letters patent granted by a prince or sovereign. Calvin.
An instrument given by colleges and socie­ties on the conferring of any degrees. State v. Gregory, 83 Mo. 130, 53 Am. Rep. 565; Halliday v. Butt, 40 Ala. 183.
A license granted to a physician, etc., to practice his art or profession. See Brooks v. State, 88 Ala. 122, 6 South. 902.
DIPLOMACY. The science which treats of the relations and interests of nations with nations.
Negotiation or intercourse between nations through their representatives. The rules, customs, and privileges of representatives at foreign courts.
DIPLOMATIC AGENT. In internation­al law. A general name for all classes of persons charged with the negotiation, trans­action, or superintendence of the diplomatic business of one nation at the court of an­other. See Rev. St U. S. § 1674 (U. S. Comp. St 1901, p. 1149).
DIPLOMATICS. The science of diplo­mas, or of ancient writings and documents; the art of judging of ancient charters, public documents, diplomas, etc., and discriminating the true from the falsa Webster.
DIPSOMANIAC. A person subject to dipsomania. One who has an irresistible de­sire for alcoholic liquors. See Insanity.
DIPTYCHA. Diptychs; tablets of wood, metal, or other substance, used among the Romans for the purpose of writing, and fold­ed like a book of two leaves. The diptychs of antiquity were especially employed for public registers. They were used in tht Greek, and afterwards in the Roman, church, as registers of the names of those for whom supplication was to be made, and are ranked among the earliest monastic records. BurrilL
DIRECT. Immediate; by the shortest course; without circuity; operating by an immediate connection or relation, Instead of operating through a medium; the opposite of indirect.
In the usual or natural course or line; Im­mediately upwards or downwards; as dis­tinguished from that which is out of the line, or on the side of it; the opposite of collateral.
In the usual or regular course or order, as distinguished from that which diverts, inter­rupts, or opposes; the opposite of cross or contrary.
—Direct attack. A direct attack on a judg­ment or decree is an attempt for sufficient cause, to have it annulled,, reversed, vacated, corrected, declared void, or enjoined, in a pro­ceeding instituted for that specific purpose, such as an appeal, writ of error, bill of review, or injunction to restrain its execution; distin­guished from a collateral attack, which is an attempt to impeach the validity or binding force of the judgment or decree as a side issue or in a proceeding instituted for some other purpose. Schneider v. Sellers, 25 Tex. Civ. App. 226, 61 S. W. 541; Smith v. Morrill, 12 Colo. App. 233, 55 Pac. 824: Morrill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 L. R, A. 155, 23 Am. St. Rep. 95; Crawford v. McDonald, 88 Tex. 626, 33 S. W. 325; Eichhoff v. Bichhoff, 107 Cal. 42, 40 Pac. 24, 48 Am. St. Rep. 110.—Di­rect interest. A direct interest, such as would render the interested party incompetent to testify in regard to the matter, is an inter­est which is certain, and not contingent or doubtful. A matter which is dependent alone on the successful prosecution of an execution cannot be considered as uncertain, or otherwise than direct, in this sense. In re Van Alstine's Estate, 26 Utah, 193, 72 Pac. 942.—Direct line. Property is said to descend or be inherit­ed in the direct line when it passes in lineal succession; from ancestor to son, grandson, great-grandson, and so on.—Direct payment. One which is absolute and unconditional as to the time, amount, and the persons by whom and to whom it is to be made. People v. Boy-Ian (C. C.) 25 Fed. 595. See Ancient Order of Hibernians v. Sparrow, 29 Mont. 132, 74 Pac. 197, 64 L.. R. A. 128, 101 Am. St. Rep. 563; Hurd v. McClellan, 14 Colo. 213, 23 Pac. 792.
As to direct "Consanguinity," "Contempt," "Damages," "Evidence," "Examination," "In­terrogatories," "Loss," "Tax," and "Trust" see those titles.
DIRECTION. 1. The act of governing; management; superintendence. Also the body of persons (called "directors") who are charged with the management and adminis­tration of a corporation or institution.
2. The charge or Instruction given by the court to a jury upon a point of law arising


or Involved In the case, to be by them ap­plied to the facts in evidence.
3. The clause of a bill in equity containing the address of the bill to the court
DIRECTOR OF THE MINT. An of­ficer having the control, management, and superintendence of the United States mint and its branches. He is appointed by the president, by and with the advice and con­sent of the senate.
DIRECTORS. Persons appointed or elected according to law, authorized to man­age and direct the affairs of a corporation or company. The whole of the directors col­lectively form the board of directors. Brandt t. Godwin (City Ct) 3 N. Y. Supp. 809; May-nard v. Insurance Co., 34 Cal. 48, 91 Am. Dec 672; Pen. Code N. Y. 1903, § 614; Rev. St Tex. 1895, art 3096a; Ky. St 1903, § 575.
DIRECTORY. A provision in a statute, rule of procedure, or the like, is said to be directory when it is to be considered as a mere direction or instruction of no obliga­tory force, and Involving no Invalidating con­sequence for its disregard; 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 directory that, though neglect of them may be punishable, yet it does not affect the va­lidity of the acts done under them, as in the case of a statute requiring an officer to pre­pare and deliver a document to another offi­cer on or before a certain day. Maxw. In-terp. St 330, et seq. And see Pearse v. Mor-rice, 2 Adol. & El. 94; Nelms v. Vaughan, 84 Va. 696, 5 S. B. 704; State v. Conner, 86 Tex. 133, 23 S. W. 1103; Payne v. Fresco, 4 Kulp (Pa.) 26; Bladen v. Philadelphia, 60 Pa. 466.
—Directory trust. Where, by the terms of a trust, the fund is directed to be vested in a par­ticular manner till the period arrives at which it is to be appropriated, this is called a "di­rectory trust. It Is distinguished from a dis­cretionary trust, in which the trustee has a dis­cretion as to the management of the fund. Deaderick v. Cantrell, 10 Yerg.. 272, 31 Am. Dec. 576.
DIRIBITORES. In Roman law. Officers who distributed ballots to the people, to be used In voting. Tayl. Civil Law, 192.
DIRIMENT IMPEDIMENTS. In canon law. Absolute bars to marriage, which would make it null ab initio.
DISABILITY. The want of legal ability or capacity to exercise legal rights, either special or ordinary, or to do certain acts with proper legal effect, or to enjoy certain privi­leges or powers of free action. Berkin v. Marsh, 18 Mont 152, 44 Pac. 528, 56 Am. St Rep. 565.
At the present day, disability is generally used to indicate an incapacity for the full en-
joyment of ordinary legal rights; thus married women, persons under age, insane persons, and felons convict are said to be under disability. Sometimes the term is used in a more limited sense, as when it signifies an impediment to marriage, or the restraints placed upon clergy­men by reason of their spiritual avocations. Mozley & Whitley.
Classification. 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 effect; the latter when it debars him from one specific act. Disability is also either personal or absolute; the former where it at­taches to the particular person, and arises out of his status, his previous act, or his natural or juridical incapacity; the latter where it origi­nates with a particular person, but extends also to his descendants or successors. Lord de le Warre's Case, 6 Coke, la; Avegno v. Schmidt, 113 U. S. 293, 5 Sup. Ct. 487, 28 L. Ed. 976. Considered with special reference to the capaci­ty to contract a marriage, disability is either canonical or civil; a disability of the former class makes the marriage voidable only, while the latter, in general, avoids it entirely. The term civil disability is also used as equivalent to legal disability, both these expressions mean* ing disabilities or disqualifications created by positive law, as distinguished from physical dis­abilities. Ingalls y. Campbell, 18 Or. 461, 24 Pac. 904; Harland v. Territory, 3 Wash. T. 131, 13 Pac. 453; Meeks v. Vassault, 16 Fed. Cas. 1317; Wiesner v. Zaum, 39 Wis. 206; Bauman v. Grubbs, 26 Ind. 421; Supreme Council v. Fairman, 62 How. Prac. (N. Y.) 390. A physical disability is a disability or incapaci­ty caused by physical defect or infirmity, or bodily imperfection, or mental weakness or al­ienation ; as distinguished from civil disability, whch relates to the civil status or condition of the person, and is imposed by the law.
DISABLE. In its ordinary sense, to dis­able is to cause a disability, (q. v.)
In the old language of pleading, to disable Is to take advantage of one's own or another's disability. Thus, it is "an express maxim of the common law that the party shall not disable himself;" but "this disability to dis­able himself * * * Is personal." 4 Coke, 123&.
DISABLING STATUTES. These are acts of parliament, restraining and regulat­ing the exercise of a right or the power of alienation; the term is specially applied to 1 Eliz. c. 19, and similar acts restraining the power of ecclesiastical corporations to make leases.
DISADVOCARE. To deny a thing.
DISAFFIRM. To repudiate; to revoke a consent once given; to recall an affirmance. To refuse one's subsequent sanction to a for­mer act; to disclaim the intention of being bound by an antecedent transaction.
DISAFFIRMANCE. The repudiation of a former transaction. The refusal by one who has the right to refuse, (as in the case of a voidable contract,) to abide by his for­mer acts, or accept the legal consequences of the same. It may either be "express" (in words) or "implied" from acts expressing


the intention of the party to disregard the obligations of the contract.
DISAFFOREST. To restore to their for­mer condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 Bl. Comm. 416.
DISAGREEMENT. Difference of opinion or want of uniformity or concurrence of views; as, a disagreement among the mem­bers of a jury, among the judges of a court, or between arbitrators. Darnell v. Lyon, 85 Tex. 466, 22 S. W. 304; Insurance Co. v. Doying, 55 N. J. Law, 569, 27 Atl. 927; Fow-ble v. Insurance Co., 106 Mo. App. 527, 81 S. W. 485.
In real property law. The refusal by a grantee, lessee, etc., to accept an estate, lease, etc., made to him; the annulling of a thing that had essence before. No estate can be vested in a person against his will. Conse­quently no one can become a grantee, etc., without his agreement. The law implies such an agreement until the contrary is shown, but his disagreement renders the grant, etc., inoperative. Wharton.
DISALT. To disable a person.
DISAPPROPRIATION. In ecclesiastic­al law. This is where the appropriation of a benefice is severed, either by the patron presenting a clerk or by the corporation which has the appropriation being dissolved. 1 Bl. Comm. 385.
DISAVOW. To repudiate the unauthor­ized acts of an agent; to deny the authority by which he assumed to act.
DISBAR. In England, to deprive a bar­rister permanently of the privileges of his position; it is analogous to striking an attor­ney off the rolls. In America, the word de­scribes the act of a court in withdrawing from an attorney the right to practise at its bar.
DISBOCATIO. In old English law. A -conversion of wood grounds into arable or pasture; an assarting. Cowell. See Assabt.
DISBURSEMENTS. Money expended by an executor, guardian, trustee, etc., for the benefit of the estate in his hands, or in connection with its administration.
The term is also used under the codes of civil procedure, to designate the expenditures necessarily made by a party in the progress ?of an action, aside from the fees of officers and court costs, which are allowed, eo nom­ine, together with costs. Fertilizer Co. v. Glenn, 48 S. C. 494, 26 S. E. 796; De Cham-brun v. Cox, 60 Fed. 479, 9G.GA. 86; Bil~ yeu v. Smith, 18 Or. 335, 22 Pac. 1073.
DISCARCARE. In old English law. To discharge, to unload; as a vessel. Carcare
et discarcare; to charge and discharge; to load and unload. Cowell.
DISCARGARE. In old European law. To discharge or unload, as a wagon. Spel-man.
DISCEPTIO OAUSJB. In Roman law. The argument of a cause by the counsel on both sides. Calvin.
DISCHARGE. The opposite of charge; hence to release; liberate; annul; unburden; disincumber.
In the law of contracts. To cancel or unloose the obligation of a contract; to make an agreement or contract null and inopera­tive. As a noun, the word means the act or instrument by which the binding force of a contract is terminated, irrespective of whether the contract is carried out to the full extent contemplated (in which case the discharge is the result of performance) or is broken off before complete execution. Cort v. Railway Co., 17 Q. B. 145; Com. v. Tal­bot, 2 Allen (Mass.) 162; Rivers y. Blom, 163 Mo. 442, 63 S. W. 812,
Discharge is a generic term; its principal spe­cies are rescission, release, accord and satisfac­tion, performance, judgment, composition, bank­ruptcy, merger, (q. v.) Leake, Cont. 413.
As applied to demands, claims, rights of action, incumbrances, etc., to discharge the debt or claim is to extinguish it, to annul its obligatory force, to satisfy it. And here also the term is generic; thus a debt, a mortgage, a legacy, may be discharged by payment or performance, or by any act short of that, lawful in itself, which the creditor accepts as sufficient. Blackwood v. Brown, 29 ^lich. 484; Rangely v. Spring, 28 Me. 151. To discharge a person Is to liberate him from the binding force of an obligation, debt, or claim.
Discharge by operation of law is where the discharge takes place, whether it was intended by the parties or not; thus, if a creditor ap­points his debtor his executor, the debt is dis­charged by operation of law, because the execu­tor cannot have an action against himself. Co. Litt. 2646, note 1; Williams, Ex'rs, 1216; Chit Cont. 714.
In civil practice. To discharge a rule, an order, an injunction, a certificate, process of execution, or in general any proceeding in a court, is to cancel or annul it, or to revoke it, or to refuse to confirm its original pro­visional force. Nichols v. Chittenden, 14 Colo. App. 49, 59 Pac. 954.
To discharge a jury is to relieve them from any further consideration of a cause. This is done when the continuance of the trial is, by any cause, rendered impossible; also when the jury, after deliberation, cannot agree on a verdict.
In equity practice. In the process of accounting before a master in chancery, the discharge is a statement of expenses and


counter-claims brought in and filed, by way of set-off, by the accounting defendant; which follows the charge in order.
In criminal praotioe. The act by which a person in confinement, held on an accusa­tion of some crime or misdemeanor, is set at liberty. The writing containing the order for his being so set at liberty is also called a "discharge." Morgan v. Hughes, 2 Term, 231; State v. Garthwaite, 23 N. J. Law, 143; Ex parte Paris, 18 Fed. Cas. 1104.
In bankruptcy practice. The discharge of the bankrupt is the step which regularly follows the adjudication of bankruptcy and the administration of his estate. By it he is released from the obligation of all his debts which were or might be proved in the pro­ceedings, so that they are no longer a charge upon him, and so that he may thereafter en­gage in business and acquire property with­out its being liable for the satisfaction of such former debts. Southern L. & T. Co. v. Benbow (D. C.) 96 Fed. 528; In re Adler, 103 Fed. 444; Colton v. Depew, 59 N. J. Eq. 126, 44 Atl. 662.
In maritime law. The unlading or un­livery of a cargo from a vessel. The Bird of Paradise v. Heyneman, 5 Wall. 557, 18 L. Ed. 662; Kimball v. Kimball, 14 Fed. Cas. 486; Certain Logs of Mahogany, 5 Fed. Cas. 374.
In military law. The release or dis­missal of a soldier, sailor, or marine, from further military service, either at the expira­tion of his term of enlistment, or previous thereto on special application therefor, or as a punishment. An "honorable" discharge Is one granted at the end of an enlistment and accompanied by an official certificate of good conduct during the service. A "dishonorable" discharge is a dismissal from the service for bad conduct or as a punishment imposed by sentence of a court-martial for offenses against the military law. There is also in occasional use a form of "discharge without honor," which implies censure, but is not in itself a punishment. See Rev. St. U. S. §§ 1284, 1342, 1426 (U. S. Comp. St. 1901, pp. 913, 944, 1010); Williams v. U. S., 137 U. S. 113, 11 Sup. Ct. 43, 34 L. Ed. 590; U. S. v. Sweet, 189 U. S. 471, 23 Sup. Ct 638, 47 L. Ed. 907.
DISCLAIMER. The repudiation or re­nunciation of a right or claim vested in a person or which he had formerly alleged to be his. The refusal, waiver, or denial of an estate or right offered to a person. The dis­avowal, denial, or renunciation of an in­terest, right, or property imputed to a per­son or alleged to be his. Also the declara­tion, or the instrument, by which such dis­claimer is published. Moores v. Clackamas County, 40 Or. 536, 67 Pac. 662.
Of estates. The act by which a party refuses to accept an estate which has been
conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust. Watson v. Watson, 13 Conn. 85; Kentucky Union Co. v. Cornett, 112 Ky. 677, 66 S. W. 728.
A renunciation or a denial by a tenant of his landlord's title, either by refusing to pay rent, denying any obligation to pay, or by setting up a title in himself or a third per­son, and this is a distinct ground of forfeit­ure of the lease or other tenancy, whether of land or tithe. See 16 Ch. Div. 730.
In pleading. A renunciation by the de­fendant of all claim to the subject of the de­mand made by the plaintiff's bill. Coop. Eq. PI. 309; Mitf. Eq. PI. 318.
In patent law. When the title and spe­cifications of a patent do not agree, or when part of that which it covers is not strictly patentable, because neither new nor useful, the patentee is empowered, with leave of the court, to enter a disclaimer of any part of either the title or the specification, and the disclaimer is then deemed to be part of the letters patent or specification, so as to render them valid for the future. Johns. Pat. 151.
DISCLAMATION. In Scotch law. Dis­avowal of tenure; denial that one holds lands of another. Bell.
DISCOMMON. To deprive commonable lands of their commonable quality, by in­closing and appropriating or improving them.
DISCONTINUANCE. In practice. The
termination of an action, in consequence of the plaintiffs omitting to continue the pro­cess or proceedings by proper entries on the record. 3 Bl. Comm. 296; 1 Tidd, Pr. 678; 2 Arch. Pr. K. B. 233. Hadwin v. Railway Co., 67 S. C. 463, 45 S. E. 1019; Gillespie v. Bailey, 12 W. Va. 70, 29 Am. Rep. 455; Kennedy v. McNickle, 7 Phila. (Pa.) 217; Insurance Co. v. Francis, 52 Miss. 467, 24 Am. Rep. 674.
In practice, a discontinuance is a chasm or gap left by neglecting to enter a continuance. By our practice, a neglect, to enter a continu­ance, even in a defaulted action, by no means puts an end to it, and such actions may always be brought forward. Taft v. Northern Transp. Co., 56 N. H. 416.
The cessation of the proceedings In an action where the plaintiff voluntarily puts an end -to it, either by giving notice in writ­ing to the defendant before any step has been taken in the action subsequent to the answer, or at any other time by order of the court or a judge.
In practice, discontinuance and dismissal im­port the same thing, viz., that the cause is sent out of court. Thurman v. James, 48 Mo. 235.
In pleading. That technical interruption of the proceedings in an action which follows where a defendant does not answer the whole


of the plaintiffs declaration, and the plain­tiff omits to take judgment for the part un­answered. Steph. PI. 216, 217.
The termination or suspension of an estate-tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled to do. 2 Bl. Comm. 275; 3 Bl. Comm. 171. An alienation made or suffered by tenant in tail, or by any that is seised in auter droit, where­by the issue in tail, or the heir or successor, or those in reversion or remainder, are driv­en to their action, and cannot enter. Co. Litt 325a. The cesser of a seisin under an estate, and the acquisition of a seisin under a new and necessarily a wrongful title. Prest Merg. c. ii.
Discontinnare nihil alind significat quant intermittere, desuescere, inter-rumpere. Co. Litt. 325. To discontinue signifies nothing else than to intermit, to disuse, to Interrupt
DISCONTINUOUS. Occasional; inter­mittent; characterized by separate repeated acts; as, discontinuous easements and servi­tudes. See Easement.
DISCONVENABIiE. I* Ft. Improper; unfit Kelham.
DISCOUNT. In a general sense, an al­lowance or deduction made from a gross sum on any account whatever. In a more limited and technical sense, the taking of interest in advance.
By the language of the commercial world and the settled practice of banks, a discount by a bank means a drawback or deduction made upon its advances or loans of money, upon negotiable paper or other evidences of debt payable at a future day, which are transferred to the bank. Fleckner v. Bank, 8 Wheat 338, 5 I* Ed. 631; Bank v. Baker, 15 Ohio St 87.
Although the discounting of notes or bills, in its most comprehensive sense, may mean lending money and taking notes in payment, yet, in its more ordinary sense, the discounting of notes or bills means advancing a consideration for a bill or note, deducting or discounting the interest which will accrue for the time the note has to run. Loan Co. v. Towner, 13 Conn. 249.
Discounting by a bank means lending money upon a note, and deducting the interest or pre­mium in advance. Bank v. Bruce, 17 N. Y. 507; State v. Sav. Inst., 48 Mo. 189.
The ordinary meaning of the term "to dis­count" is to take interest in advance, and in banking is a mode of loaning money. It is the advance of money not due till some future peri­od, less the interest which would be due there­on when payable. Weckler v. Bank, 42 Md. 592, 20 Am. Rep. 95.
Discount as we have seen, Is the difference between the price and the amount of the debt the evidence of which is transferred. That dif­ference represents interest charged, being at the same rate, according to which the price paid, if invested until the maturity of the debt will
just produce its amount. Bank v. Johnson, 104 U. S. 276, 26 L. Ed. 742.
Discounting a note and buying it are not iden­tical in meaning, the latter expression being used to denote the transaction when the seller does not indorse the note, and is not accounta­ble for it. Bank v. Baldwin, 23 Minn. 206, 23 Am. Rep. 683.
In practice. A set-off or defalcation in an action. Vin. Abr. "Discount" But see Trabue's Ex'r v. Harris, 1 Mete. (Ky.) 597.
—Discount broker. A bill broker; one who discounts bills of exchange and promissory notes, and advances money on securities.
DISCOVERT. Not married; not subject to the disabilities of a coverture. It applies equally to a maid and a widow.
DISCOVERY. In a general sense, the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acquisi­tion of notice or knowledge of given acts or facts; as, in regard to the "discovery" of fraud affecting the running of the statute of limitations, or the granting of a new trial for newly "discovered" evidence. Francis v. Wallace, 77 Iowa, 373, 42 N. W. 323; Parker v. Kuhn, 21 Neb. 413, 32 N. W. 74, 59 Am. Rep. 852; Laird v. Kil bourne, 70 Iowa, 83, 30 N. W. 9; Howton v. Roberts,'49 S. W. 340, 20 Ky. Law Rep. 1331; Marbourg v. Mc-Cormick, 23 Kan. 43.
In international law. As the founda­tion for a claim of national ownership or sovereignty, discovery is the finding of a country, continent, or island previously un­known, or previously known only to its un­civilized inhabitants. Martin v. Waddell, 16 Pet 409, 10 L. Ed. 997.
In patent law. The finding out some sub­stance, mechanical device, improvement or application, not previously , known. In re Kemper, 14 Fed. Cas. 287; Dunbar r. Mey­ers, 94 U. S. 197, 24 L. Ed. 34.
Discovery, as used in the patent laws, depends upon invention. Every invention may, in a cer­tain sense, embrace more or less of discovery, for it must always include something that is new; but it by no means follows that every discovery is an invention. Morton v. Infirmary, 5 Blatchf. 121, Fed. Cas. No. 9,865.
In practice. The disclosure by the de­fendant of facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party seeking the discovery as a part of a cause or action pending or to be brought in another court, or as evidence of "his rights or title in such proceeding. Tucker v. U. S., 151 U. S. 164, 14 Sup. Ct 299, 38 L. Ed. 112; Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14.
Also used of the disclosure by a bankrupt of his property for the benefit of creditors.
In mining law. As the basis of the right to locate a mining claim upon the public domain, discovery means the finding of min­eralized rock in place. Migeon v. Railroad


Co., 77 Fed. 249, 23 C. C. A. 156; Book v. Mining Co. (C. C.) 58 Fed. 106; Muldrick v. Brown, 37 Or. 185, 61 Pac 428; Mining Co. v. Rutter, 87 Fed. 806, 31 C. C. A. 223.
—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 in consequence of the dis­covery, though it may pray for a stay of pro­ceedings at law till the discovery is made. Story, Eq. PI. §§ 311, 312, and notes; Mitf. Bq. PI. 5a
DISCREDIT. To destroy or impair the credibility of a person; to Impeach ; to lessen the degree of credit to be accorded to a wit­ness or document, as by impugning the ve­racity of the one or the genuineness of the other; to disparage or weaken the reliance upon the testimony of a witness, or upon documentary evidence, by any means what­ever.
DISCREPANCY. A difference between two things which ought to be identical, as between one writing and another; a vari­ance, (g. v.)
Discretio est disceraere per legem quid ?it jnstnm. 10 Coke, 140. Discretion is to know through law what is just.
DISCRETION. A liberty or privilege al­lowed to a judge, within the confines of right and justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined up­on the peculiar circumstances of the case, and as discerned by his personal wisdom and experience, guided by the spirit, principles, and analogies of the law. Osborn v. United States Bank, 9 Wheat 866, 6 L. Ed. 204; Ex parte Chase, 43 Ala. 310; Lent v. Tillson, 140 U. S. 316, 11 Sup. Ct 825, 35 L. Ed. 419; State v. Cummings, 36 Mo. 278; Murray v. Buell, 74 Wis. 14, 41 N. W. 1010; Perry v. Salt Lake City Council, 7 Utah, 143, 25 Pac 998, 11 L. R. A. 446.
When applied to public functionaries, discre­tion means a power or right conferred upon them by law of acting officially in certain cir­cumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or conscience of others. This dis­cretion undoubtedly is to some extent regulated by usage, or, if the term is preferred, by fixed principles. But by this is to be understood nothing more than that the same court cannot, consistently with its own dignity, and with its character and duty of administering impartial justice, decide in different ways two cases in every respect exactly alike. The question of fact whether the two cases are alike in every color, circumstance, and feature is of necessity to be submitted to the judgment of some tri­bunal. Judges v. People, 18 Wend. (N. Y.) 79, 99.
Lord Coke defines judicial discretion to be "discernere per legem quid sit justum," to see what would be just according to the laws in the premises. It does not mean a wild self-will­fulness, which may prompt to any and every
act; but this judicial discretion is guided by the law, (see what the law declares upon a cer­tain statement of facts, and then decide in ac­cordance with the lawj so as to do substantial equity and justice. Faber v. Bruner, 13 Mo. 543.
True, it is a matter of discretion; but then the 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 inference," in the language of the Code, and an appeal will lie. Lovinier v. Pearce, 70 N. a 17L
In criminal law and the law of torts, it means the capacity to distinguish between what is right and wrong, lawful or unlawful, wise or foolish, sufficiently to render one amenable and responsible for his acts. Towle v. State, 3 Fla. 214.
—Judicial discretion, legal discretion.
These terms are applied to the discretionary action of a judge or court, and mean discretion as above denned, that is, discretion bounded by the rules and principles of law, and not arbi­trary, capricious, or unrestrained.
DISCRETIONARY TRUSTS. Such as are not marked out on fixed lines, but allow a certain amount of discretion in their exer­cise. Those which cannot be duly admin­istered 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 principal debtor, towards the satisfaction of the debt, before having re­course to the surety; and this right of the surety is termed the "benefit of discussion." Civ. Code La. art 3045, et seq.
In Scotch law. The ranking of the prop­er order in which heirs are liable to satisfy the debts of the deceased. Bell.
DISEASE. In construing a policy of life Insurance, it is generally true that before any temporary ailment can be called a "dis­ease," it must be such as to indicate a Vice in the constitution, or be so serious as to have some bearing upon general health and the continuance of life, or such as, according to common understanding, would be called a "disease." Cushman v. Insurance Co., 70 N. Y. 77; Insurance Co. v. Yung, 113 Ind. 159, 15 N. EL 220, 3 Am. St Rep. 630; Insurance Co. v. Simpson, 88 Tex. 333, 31 S. W. 501, 28 L. R. A. 765, 53 Am. St Rep. 757; De-laney v. Modern Ace Club, 121 Iowa, 528, 97 N. W. 91, 63 L. R. A. 603.
DISENTAILING DEED. In English law. An enrolled assurance barring an en­tail, pursuant to 3 & 4 Wm. IV. c 74.
DISFRANCHISE. To deprive of the rights and privileges of a free citizen; to deprive of chartered rights and immunities; to deprive of any franchise, as of the right of voting in elections, etc Webster.

DISINHERISON. In the civil law. The r act of depriving a forced heir of the inherit-r ance which the law gives him.
; DISINHERITANCE. The act l>y which the owner of an estate deprives a person of the right to inherit the same, who would
j otherwise be his heir.
DISINTER. To exhume, unbury, take out of the grave. People v. Baumgartner, ' 135 Cal. 72, 66 Pac. 974.
DISINTERESTED. Not concerned, in re-" spect to possible gain or loss, in the result of the pending proceedings; impartial, not biased or prejudiced. Chase v. Rutland, 47 . Vt. 393; In re Big Run, 137 Pa. 590, 20 Atl. 711; McGilvery v. Staples, 81 Me. 101, 16 Atl. 404; Wolcott v. Ely, 2 Allen (Mass.) 340; Hickerson v. Insurance Co., 96 Tenn. 193, 33 S. W. 1041, 32 L. R. A. 172.
—Disinterested witness. One who has no
interest in the cause or matter in issue, and who is lawfully competent to testify. Jones v. Larrabee, 47 Me. 474; Warren v. Baxter, 48 Me. 195 ; Appeal of Combs, 105 Pa. 155; State ( t. Easterlin, 61 S. C. 71, 39 S. E. 250.
DISJUNCTIM. Lat. In the civil law. Separately; severally. The opposite of con-junctim, (q. v.) Inst. 2, 20, 8.
statement in a pleading or indictment which , expresses or charges a thing alternatively, with the conjunction "or;" for instance, an averment that defendant "murdered or caus­ed to be murdered," etc., would be of this character.
DISJUNCTIVE TERM. One which is placed between two contraries, by the affirm­ing of one of which the other is taken away; it is usually expressed by the word "or."
DISMES. Tenths; tithes, (q. v.) The original form of "dime," the name of the American coin.
DISMISS. To send away; to discharge; to cause to be removed. To dismiss an ac­tion or suit is to send it out of court without any further consideration or hearing. Bos-ley v. Bruner, 24 Miss. 462; Taft v. Northern Transp. Co., 56 N. H. 417; Goldsmith v. Smith (C- C.) 21 Fed. 614.
DISMISSAL. The dismissal of an action, suit, motion, etc., is an order or judgment finally disposing of it by sending it out of court, though without a trial of the issues in­volved. Frederick v. Bank, 106 111. 149; Dowling v. Polack, 18 Cal. 627; Brackenrldge v. State, 27 Tex. App. 513, 11 S. W. 630, 4 L. R. A. 360.
—Dismissal agreed. A dismissal entered in accordance with the agreement of the parties, amounting to an adjudication of the matters in dispute between them or to a renunciation by the complainant of the claims asserted in hi*


pleadings. Root v. Water Supply Co., 46 Kan. 183, 26 Pac. 398; Lindsay v. Allen, 112 Tenn. 637, 82 S. W. 171. See Haldeman v. U. S , 91 U S. 586, 23 L. Ed. 433.—Dismissal without prejudice. Dismissal of a bill in equity with­out prejudice to the right of the complainant to sue again on the same cause of action. The ef­fect of the words "without prejudice" is to pre­vent the decree of dismissal from operating as a bar to a subsequent suit. Lang v. Waring, 25 Ala. 625, 60 Am. Dec. 533.
DISMORTGAGE. To redeem from mort­gage
DISORDER. Turbulent or riotous be­havior; immoral or indecent conduct. The breach of the public decorum and morality.
DISORDERLY. Contrary to the rules of good order and behavior; violative of the public peace or good order; turbulent, riot­ous, or indecent.
—Disorderly conduct. A term of loose and indefinite meaning (except as occasionally de­fined in statutes), but signifying generally any behavior that is contrary to law, and more par­ticularly such as tends to disturb the public peace or decorum, scandalize the community, or shock the public sense of morality. People v. Keeper of State Reformatory, 176 N. Y. 465, 68 N. E. 884; People v. Davis, 80 App. Div. 448, 80 N. Y. Supp. 872; City of Mt. Sterling v. Holly, 108 Ky. 621, 57 S. W. 491; Pratt v. Brown, 80 Tex. 608, 16 S. W. 443; Kahn v. Macon, 95 Ga. 419, 22 S. E. 641; People v. Miller, 38 Hun, 82; Tyrrell v. Jersey City, 25 N. J. Law. 536.—Disorderly house. In crim­inal law. A house the inmates of which' behave so badly as to become a nuisance to the neigh­borhood. It has a wide meaning, and includes bawdy houses, common gaming houses, and plac­es of a like character. 1 Bish. Crim. Law, § 1106; State v. Wilson, 93 N. C. 608; Hickey t. State, 53 Ala. 614; State v. Garity, 46 N. H. 61; State v. Grosofski, 89 Minn. 343, 94 N. W. 1077 ; Cheek v. Com., 79 Ky. 359; State v. McGahan, 48 W. Va. 438, 37 S. E. 573.— Disorderly persons. Such as are dangerous or hurtful to the public peace and welfare by reason of their misconduct or vicious habits, and are therefore amendable to police regulation. The phrase is chiefly used in statutes, and the scope of the term depends on local regulations. See 4 Bl. Comm. 169. Code Cr. Proc. N. Y. 1903, § 899.
DISPARAGARE. In old English law. To bring together those that are unequal, (dispares conferre;) to connect in an indec­orous and unworthy manner; to connect in marriage those that are unequal in blood and parentage.
DISPARAGATIO. In old English law. Disparagement. Hwredes maritentur absque disparagatione, heirs shall be married with­out disparagement Magna Charta, (9 Hen. III.) c 6.
DISPARAGATION. L. Fr. Disparage­ment; the matching an heir, etc., in mar­riage, under his or her degree or condition, or against the rules of decency. Kelham.
DISPARAGE. To connect unequally; to match unsuitably.
DISPARAGEMENT. In old English law. An injury by union or comparison with. some person or thing of inferior rank or excellence.
Marriage without disparagement was mar­riage to one of suitable rank and character. 2 Bl. Comm. 70; Co. Litt 826. Shutt v. Carloss, 36 N. C. 232.
DISPARAGIUM. In old Scotch law. Inequality in blood, honor, dignity, or other­wise. Skene de Verb. Sign.
Disparata non debent jungi. Things unlike ought not to be joined. Jenk. Cent 24, marg.
DISPARK. To dissolve a park. Cro. Car. 59. To convert it into ordinary ground.
DISPATCH, or DESPATCH. A mes­sage, letter, or order sent with speed on af­fairs of state; a telegraphic message.
In maritime law. Diligence, due activi­ty, or proper speed in the discharge of a cargo; the opposite of delay. Terjesen v. Carter, 9 Daly <N. Y.) 193; Moody v. Laths (D. C.) 2 Fed. 607; Sleeper v. Puig, 22 Fed. Cas. 321.
—Customary dispatch. Such as accords with the rules, customs, and usages of the port where the discharge is made.—Quick dispatch. Speedy discharge of cargo without allowance for the customs or rules of the port or for delay from the crowded state of the harbor or wharf. Mott v. Frost (D. C.) 47 Fed. 82; Bjorkqnist v. Certain Steel Rail Crop Ends (D. C.) 3 Fed. 717; Davis v. Wallace, 7 Fed. Cas. 182.
DISPAUPER. When a person, by rea­son of his poverty, is* admitted to sue in for-m& pauperis, and afterwards, before the suit be ended, acquires any lands, or person­al estate, or is guilty of anything whereby he is liable to have this privilege taken from him, then he loses the right to sue in forma pauperis, and is said to be dispaupered. Wharton.
Dispensatio est mali prohibiti provida relaxatio, utilitate seu necessitate pen-sata; et est de jure domino regi conces-sa, propter impossibilitatem prsevidendi de omnibus particularibus. A dispensa­tion is the provident relaxation of a malum prohibitum weighed from utility or necessi­ty; and it is conceded by law to the king on account of the impossibility of foreknowl­edge concerning all particulars. 10 Coke, 88.
Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is a wound, which wounds common law. Dav. Ir. K. B. 69.
DISPENSATION. An exemption from some laws; a permission to do something forbidden; an allowance to omit something commanded; the canonistic name for a license. Wharton; Baldwin r. Taylor, 169


Pa. 507, 31 Atl. 250; VIele v. Insurance Co., 26 Iowa, 56, 96 Am. Dec. 83.
A relaxation of law for the benefit or ad­vantage of/an individual. In the United States, no power exists, except in the legislature, to dispense with law; and then it is not so much a dispensation as a change of the law. Bouvier.
DISPERSONARE. To scandalize or dis­parage. Blount.
DISPLACE. This term, as used in ship­ping articles, means "disrate," and does not import authority of the master to discharge a second mate, notwithstanding a usage in the whaling trade never to disrate an officer to a seaman. Potter v. Smith, 103 Mass. 68.
DISPONE. In Scotch law. To grant or convey. A technical word essential to the conveyance of heritable property, and for which no equivalent is accepted, however clear may be the meaning of the party. Paters. Comp.
DISPONO. Lat To dispose of, grant, or convey. Disponet, he grants or alienates. Jus disponendi, the right of disposition, i. e., of transferring the title to property.
DISPOSE. To alienate or direct the own­ership of property, as disposition by will. Used also of the determination of suits. Called a word of large extent. Koerner v. Wilkinson, 96 Mo. App. 510, 70 S. W. 509; Love v. Pamplln (C. C.) 21 Fed. 760; U. S. v. Hacker (D. C.) 73 Fed. 294; Benz v. Fabian, 54 N. J. Eq. 615, 35 Atl. 760; El-ston v. Schilling, 42 N. Y. 79; Beard v. Knox, 5 Oal. 256, 63 Ani. Dec. 125.
DISPOSABLE PORTION. That portion of a man's property which he Is free to dispose of by will to beneficiaries other than his wife and children. By the ancient com­mon law, this amounted to one-third of his estate if he was survived by both wife and children. 2 Bl. Comm. 492; Hopkins v. Wright, 17 Tex. 36. In the civil law (by the Lex Falcidia) it amounted to three-fourths. Mackeld. Rom. Law, §§ 708, 771.
These are alternative or synonymous phrases in the law of wills for ^'sound mind," and "testamentary capacity," (q. v.)
DISPOSITION. In Scotch law. A deed of alienation foy which a right to property Is conveyed. Bell.
DISPOSITIVE FACTS. Such as pro­duce or bring about the origination, transfer, or extinction of rights. They are either in­vestitive, those by means of which a right comes Into existence, divestitive, those through which it terminates, or translative, those through which it passes from one per­son to another.
DISPOSSESS PROCEEDINGS. Sum­mary process by a landlord to oust the ten­ant and regain possession of the premises for non-payment of rent or other breach of the conditions of the lease. Of local origin and colloquial use in New York.
DISPOSSESSION. Ouster; a wrong that carries with it the amotion of posses­sion. An act whereby the wrong-doer gets the actual occupation of the land or heredita­ment. It includes abatement, intrusion, dis­seisin, discontinuance, deforcement. 3 BL Comm. 167.
DISPROVE. To refute; to prove to be false or erroneous; not necessarily by mere denial, but by affirmative evidence to the contrary. Irsch v. Irsch, 12 N. Y. Civ. Proc. R. 182.
DISPUNISHABLE. In old English law. Not answerable, Co. Litt. 276, 53. 1 Steph. Comm. 245. Not punishable. "This mur­der is dispunishable." 1 Leon. 270.
DISPUTATIO FORI. In the civil law. Discussion or argument before a court Mackeld. Rom. Law, § 38; Dig. 1, 2, 2, 5.
DISPUTE. A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim, or demand on one side, met by contrary claims or allegations on the other. Slaven v. Wheeler, 58 Tex. 25; Keith v. Levi (C. C.) 2 Fed. 745; Ft. Pitt Gas Co. v. Borough of Sewickley, 198 Pa. 201, 47 Atl. 957; Railroad Co. v. Clark, 92 Fed. 968, 35 C. O. A. 120.
—Disputable presumption. A presumption of law, which may be rebutted or disproved. See Presumptions.-—Matter in dispute. The subject 6i litigation; the matter for which a suit is brought and upon which issue is joined, and in relation to which jurors are called and witnesses examined. Lee v. Watson, 1 Wall. 339, 17 L. Ed. 557; Smith v. Adams, 130 U. S. 167, 9 Sup. Ct 566, 32 L. Ed. 985.
DISQUALIFY. To divest or deprive of qualifications; to Incapacitate; to render in­eligible or unfit; as, in speaking of the "dis­qualification" of a judge by reason of his Interest in the case, of a juror by reason of his holding a fixed preconceived opinion, or of a candidate for public office by reason of non-residence, lack of statutory age, pre­vious commission of crime, etc. In re Tyers' Estate, 41 Misc. Rep. 378, 84 N. Y. Supp. 934; In re Maguire, 57 Cal. 606, 40 Am. Rep. 125; Carroll v. Green, 148 Ind. 362, 47 N. E. 223; In re Nevitt, 117 Fed. 448, 54 C. C. A. 622; State v. Blair, 53 Vt 28.
DISRATE. In maritime law. To de­prive a seaman or petty officer of his "rat­ing" or rank; to reduce to a lower rate or rank.


To Justify; to clear one's self of a fault; to traverse an indictment; to disprove. Enc Lond.
DISSASINA. in old Scotch law. Dis­seisin ; dispossession. Skene.
DISSECTION. The anatomical examina­tion of a dead body by cutting into pieces or exscinding one or more parts or organs. Wehle v. Accident Ass'n, 11 Misc. Rep. 36, 31 N. Y. Supp. 865; Sudduth v. Insurance Co. (O. 0.) 106 Fed. 822; Rhodes v. Brandt, 21 Hun (N. Y.) 3.
DISSEISE. To dispossess; to deprive.
DISSEISEE. One who is wrongfully put out of possession of his lands; one who is disseised.
DISSEISIN. Dispossession; a depriva­tion of possession; a privation of seisin; a usurpation of the right of seisin and posses­sion, and an exercise of such powers and privileges of ownership as to keep out or dis­place him to whom these rightfully belong. 3 Washb. Real Prop. 125; Probst v. Trustees, 129 U. S. 182, 9 Sup. Ct 263, 32 L. Ed. 642; Bond v. O'Gara, 177 Mass. 139, 58 N. E. 275, 83 Am. St. Rep. 265; Moody v. Fleming, 4 Ga. 115, 48 Am. Dec. 210; Clapp r. Bromagham, 9 Cow. (N. Y.) 553; Wash­burn v. Cutter, 17 Minn. 368 (Gil. 335).
It is a wrongful putting out of him that is seised of the freehold, not, as in abatement or intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession, and turning him out. It is an ouster from a freehold in deed, as abatement and intrusion are ousters in law. 3 Steph. Comm. 386.
When one man invades the possession of an­other, and by force or surprise turns him out of the occupation of his lands, this is termed a "disseisin," being a deprivation of that actual seisin or corporal possession of the freehold which the tenant Defore enjoyed. In other words, a disseisin is said to be when one enters intending to usurp the possession, and to oust another from the freehold. To constitute an entry a disseisin, there must be an Ouster of the freehold, either by taking the profits or by claiming the inheritance. Brown.
According to the modern authorities, there ?eems to be no legal difference between the words "seisin" and possession," although there is a difference between the words "disseisin" and "dispossession;" the former meaning an estate gained by wrong and injury, whereas the latter may be by right or by wrong; the former denoting an ouster of the disseisee, or some act equivalent to it, whereas by the latter no such act is implied. Slater v. Rawson, 6 Meta (Mass.) 439.
Equitable disseisin is where a person is wrongfully deprived of the equitable seisin of land, e. g., of the rents and profits. 2 Meriv. 171; 2 Jac. & W. 166.
Disseisin by election is where a person al­leges or admits himself to be disseised when he has not really been so.
Disseisinam satis facit, qui ntl aon permit tit possessorem, vel minus com­mode, licet omnino non expellat. Co.
Litt 331. He makes disseisin enough who does not permit the possessor to enjoy, or makes his enjoyment less beneficial, although he does not expel him altogether.
DISSEISITRIX. A female disseisor; a disseisoress. Fleta, lib. 4, c. 12, § 4.
DISSEISOR. One who puts another out of the possession of his lands wrongfully.
DISSEISORESS. A woman who unlaw­fully puts another out of his land.
DISSENSUS. Lat In the civil law. The mutual agreement of the parties to a simple contract obligation that it shall be dissolved or annulled; technically, an un­doing of the consensus which created the obligation. Mackeld. Rom. Law, § 541.
DISSENT. Contrariety of opinion; re­fusal to agree with something already stated or adjudged or to an act previously per­formed.
The term is most commonly used in Amer­ican law to denote the explicit disagreement of one or more judges of a court with the de­cision passed by the majority upon a case before them. In such event, the non-concur­ring judge is reported as "dissenting."
—Dissenting opinion. The opinion in which a judge announces his dissent from the conclu­sions held by the majority of the court, and expounds his own views.
DISSENTERS. Protestant seceders from
the established church of England. They are
of many denominations, principally Presby­
terians, Independents, Methodists, and Bap­
tists; but, as to church government, the
Baptists are Independents. '
DISSIGNARE. In old law. To break open a seal. Whishaw.
Dissimilinm dissimilis est ratio. Co.
Litt 191. Of dissimilars the rule is dissim­ilar.
Dissimulations tollitnr injuria. An
injury is extinguished by the forgiveness or reconcilement of the party injured. Ersk, Inst 4, 4, 108.
DISSOLUTION. In contracts. The
dissolution of a contract is the cancellation or abrogation of it by the parties themselves, with the effect of annulling the binding force of the agreement, and restoring each party to his original rights. In this sense it is frequently used in the phrase "dissolution of a partnership." Williston r. Camp, 9 Mont 88, 22 Pac. 501.
Of corporations. The dissolution of a corporation is the termination of its exist-


ence as a body politic. This may take place in several ways; as by act of the legislature, where that is constitutional; by surrender or forfeiture of its charter; by expiration of its charter by lapse of time; by proceedings for winding it up under the law; by loss of all its members or their reduction below the statutory limit. Matthews v. Bank, 60 S. C. 183, 38 S. E. 437; Lyons-Thomas Hard­ware Co. v. Perry Stove Mfg. Co., 86 Tex. 143, 24 S. W. 16, 22 L. R. A. 802; Theis v. Gaslight Co., 34 Wash. 23, 74 Pac. 1004.
In practice. The act of rendering a legal proceeding null, abrogating or revoking it; unloosing its constraining force; as when an injunction is dissolved by the court Jones T. Hill, 6 N. a 131.
The crown may dissolve parliament either in person or by proclamation; the dissolution is usually by proclamation, after a prorogation. No parliament may last for a longer period than seven years. Septennial Act, 1 Geo. I. c. 38. Under 6 Anne, c. 37, upon a demise of the crown, parliament became ipso facto dissolved six months afterwards, but under the Reform Act, 1867, its continuance is now nowise affected by such demise. May, Pari. Pr. (6th Ed.) 48. Brown.
DISSOLVE. To terminate; abrogate; rancel; annul; disintegrate. To release or unloose the binding force of anything. As to "dissolve a corporation," to "dissolve an injunction." See Dissolution.
DISSOLVING BOND. A bond given to obtain the dissolution of a legal writ or process, particularly an attachment or an injunction, and conditioned to indemnify the opposite party or to abide the judgment to be given. See Sanger v. Hibbard, 2 Ind. T. 547, 53 S. W. 330.
DISSUADE. In criminal law. To ad­vise and procure a person not to do an act.
To dissuade a witness from giving evidence against a person indicted is an Indictable of­fense at common law. Hawk. P. C. b. 1, c. 21, § 15.
DISTILL. To subject to a process of distillation, i. e., vaporizing the more vola­tile parts of a substance and then condensing the vapor so formed. In law, the term is chiefly used in connection with the manufac­ture of intoxicating liquors.
—Distilled liquor or distilled spirits. A
term which includes all potable alcoholic liq­uors obtained by the process of distillation, (such as whisky, brandy, rum, and gin) but excludes fermented and malt liquors, such as wine and beer. U. S. Rev. St. |§ 3248, 3289, 3299 (U. S. Comp. St. 1901, pp. 2107, 2132, 2153); U. S, v. Anthony, 14 Blatchf. 92, Fed. Cas. No. 14,460; State v. Williamson, 21 Mo. 496; Boyd v. U. S., 3 Fed. Cas. 1098; Sarlls v. U. S., 152 U. S. 570, 14 Sup. Ct 720. 38 L. Ed. 556.—Distiller. Every per-
son who produces distilled spirits, or who brews or makes mash, wort, or wash, fit for distilla­tion or for the production of spirits, or who. by any process of evaporization, separates al­coholic spirit from any fermented substance, or who, making or keeping mash, wort, or wash, has also in his possession or use a still, shall be regarded as a distiller. Rev. St U, S. § 3247 (U. S. Comp. St. 1901, p. 2107). See Johnson v. State, 44 Ala. 416; U. S. v. Frerichs, 25 Fed. Cas. 1218; U. S. v. Wittig, 28 Fed. Cas. 745; U. S. v. Ridenour (D. C.) 119 Fed. 411.—Distillery. The strict mean-ing of "distillery" is a place or building where alcoholic liquors are distilled or manufactured; not every building where the process of dis­tillation is used. Atlantic Dock Co. v. Libby, 45 N. Y. 499; U. S. v. Blaisdell, 24 Fed. Cas. 1162.
DISTINCTE ET APERTE. In old Eng­lish practice. Distinctly and openly. Form­al words in writs of error, referring to the return required to be made to them. Reg. Orig. 17.
Distinguenda sunt tempora. The time Is to be considered. 1 Coke, 16a; Bloss v. Tobey, 2 Pick. (Mass.) 327; Owens v. Mis­sionary Society, 14 N. Y. 380, 393, 67 Am. Dec. 160.
Distinguenda sunt tempora; alind est facere, alind perflcere. Times must be distinguished; it is one thing to do, another to perfect 3 Leon. 243; Branch, Prlnc.
Distinguenda sunt tempora; distingue tempora et concordabis leges. Times are to be distinguished; distinguish times, and you will harmonize laws. 1 Coke, 24. A maxim applied to the construction of stat­utes.
DISTINGUISH. To point out an essen­tial difference; to prove a case cited as ap­plicable, Inapplicable.
DISTRACTED PERSON. A term used in the statutes of Illinois (Rev. Laws, 111. 1833, p. 332) and New Hampshire (Dig. N. H. Laws, 1830, p. 339) to express a state of insanity. Snyder v. Snyder, 142 111. 60, 31 N. E. 303.
DISTRACTIO. Lat In the civil law. A separation or division into parts; also an alienation or sale. Sometimes applied to the act of a guardian in appropriating the prop­erty of his ward.
—Distractio bonornm. The sale at retail of the property of an insolvent estate, under the management of a curator appointed in the in­terest of the creditors, and for the purpose of realizing as much as possible for the satisfac­tion of their claim. Mackeld. Rom. Law, § 524. —Distractio pignoris. The sale of a thing pledged or hypothecated, by the creditor or pledgee, to obtain satisfaction of his claim on the debtor's failure to pay or redeem. Idem. § 348.
DISTRAHERE. To sell; to draw apart; to dissolve a contract; to divorce. Calvin.


DISTRAIN. To take as a pledge prop­erty of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat. Brev. 32, B, C. 223. Boyd v. Howden, 3 Daly (N. T.) 457; Byers v. Ferguson, 41 Or. 77, 68 Pac. 5.
Distress is now generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties.
who seizes a distress.
DISTRAINT. Seizure; the act of dis­training or making a distress.
DISTRESS. The taking a personal chat­tel out of the possession of a wrong-doer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cat-tie. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emig v. Cunningham, 62 Md. 460; Hard v. Near-ing, 44 Barb. (N. T.) 488; Owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. The taking of beasts or other personal property by way of pledge, to en­force the performance of something due from the party distrained upon. 3 Bl. Comm. 231. The taking of a defendant's goods, in order to compel an appearance in court. Id. 280; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Mar­shall v. Wadsworth, 64 N. H. 386, 10 Atl. 685. Also the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch law, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong.
—Distress infinite. One that has no bounds with regard to its quantity, and may be re­peated from time to time, until the stubborn­ness of the party is conquered. Such are dis­tresses for fealty or suit of court, and for com-Silling jurors to attend. 3 Bl. Comm. 231.— istress warrant. A writ authorizing an of­ficer to made a distraint; particularly, a writ authorizing the levy of a distress on the chat­tels of a tenant for non-pavment of rent. Bai-leyville v. Lowell, 20 Me. 181; Bagwell v. Jami­son, Cheves (S. C.) 252.—Grand distress, writ of. A writ formerly issued in the real action of quare impedit, when no appearance had been entered after the attachment; it com­manded the sheriff to distrain the defendant's lands and chattels in order to compel appear­ance. It is no longer used, 23 & 24 Vict. c. 126, ft 26, having abolished the action of quare im­pedit, and substituted for it the procedure in an ordinary action. Wharton.—Second distress. A supplementary distress for rent in arrear, allowed by law in some cases, where the goods seized under the first distress are not of suffi­cient value to satisfy the claim.
DISTRIBUTEE. An heir; a person en­titled to share in the distribution of an es­tate. This term is admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal es­tate of one who is dead intestate. Henry v. Henry, 31 N. C. 278; Kitchen v. Southern By., 68 S. C. 554, 48 S. E. 4.
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. Rogers v. Gil-lett, 56 Iowa, 266, 9 N. W. 204; William Hill Co. v. Lawler, 116 Cal. 359, 48 Pac. 323; In re Oeighton, 12 Neb. 280, 11 N. W. 313; Thomson v. Tracy, 60 N. Y. 180.
—Statute of distributions. A law prescrib­ing the manner of the distribution of the es­tate of an intestate among his heirs or rela­tives. Such statutes exist in all the states.
DISTRIBUTIVE. Exercising or accom­plishing distribution; apportioning, dividing, and assigning in separate items or shares.
—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 establishing his side of the issue. But there are cases in which an issue may be found distributively, i. e., in part for plaintiff, and in part for defendant. Thus, in an action for goods sold and work done, if the defendant pleaded that he never was indebted, on which issue was joined, a verdict might be found for the plaintiff as to the goods, and for the defendant as to the work. Steph. PI. (7th Ed.) lid.—Distributive justice. See Jus­tice.—Distributive share. The share or por­tion which a given heir receives on the legal distribution of an intestate estate, People v. Beckwith, 10 N. Y. St. Rep. 97; Page v. Rives, 18 Fed. Cas. 992. Sometimes, by an exten­sion of meaning, the share or portion assigned to a given person on the distribution of any estate or fund, as, under an assignment for creditors or under insolvency proceedings.
DISTRICT. One of the portions into which an entire state or country may be di­vided, for judicial, political, or administra­tive purposes.
The United States are divided into judicial districts, in each of which is established a district court. They are also divided into election districts, collection districts, etc.
The circuit or territory within which a per­son may be compelled to appear. Cowell. Circuit of authority; province. Enc. Lond.
—District attorney. The prosecuting officer of the United States government in each of the federal judicial districts. Also, under the state governments, the prosecuting officer who repre­sents the state in each of its judicial districts. In some states, where the territory is divided, for judicial purposes, into sections called by some other name than "districts," the same offi­cer is denominated "county attorney" or "state's attorney." Smith v. Scranton, 3 C P. Rep. (Pa.) 84; State v. Salge, 2 Nev. 324.— District clerk. The clerk of a district court of either a state or the United States.—Dis­trict courts. Courts of the United States, each having territorial jurisdiction over a dis-


trict, which may include a whole state or only part of it. Each of these courts is presided over by one judge, who must reside within the district. These courts have original jurisdic­tion over all admiralty and maritime causes and all proceedings in bankruptcy, and over all penal and criminal matters cognizable under the laws of the United States, exclusive juris­diction over which is not vested either in the supreme or circuit courts. Also inferior courts of record in California, Connecticut, Iowa, Kansas, Louisiana, Minnesota, Nebraska, Neva­da, Ohio, and Texas are also called "district courts." Their jurisdiction is for the most part similar to that of 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 state.—District par­ishes. Ecclesiastical divisions of parishes in England, for all purposes of worship, and for the celebration of marriages, christenings, church-ings, and burials, formed at the instance of the queen's commissioners for building new church­es. See 3 Steph. Comm. 744.—District regis­try. By the English judicature act, 1873, § 60, it is provided that to facilitate proceedings in country districts the crown may, from time to time, by order in council, create district reg­istries, and appoint district registrars for the purpose of issuing writs of summons, and for other purposes. Documents sealed in any such district registry shall be received in evidence without further proof, (section 61;) and the district registrars may administer oaths or do other things as provided by rules or a special order of the court, (section 62.) Power, how­ever, is given to a judge to remove proceedings from a district registry to the office of the high court. Section 65. By order in council of 12th of August, 1875, a number of district registries have been established in the places mentioned in that order; and the prothonotaries in Liv­erpool, Manchester, and Preston, the district registrar of the court of admiralty at Liver­pool, and the county court registrars in the oth­er places named, have been appointed district registrars. Wharton.
As to "Fire," "Judicial," "Land," "Levee," "Mineral," "Mining," "Road," "School," and "Taxing" districts, see those titles.
DISTRICT OF COLUMBIA. A terri­tory situated on the Potomac river, and being the seat of government of the United States. It was originally ten miles square, and was composed of portions of Maryland and Vir­ginia ceded by those states to the United States; but in 1846 the tract coming from Virginia was retroceded. Legally it is nei­ther a state nor a territory, but is made sub­ject, by the constitution, to the exclusive ju­risdiction of congress.
DISTRICTIO. Lat A distress; a dis­traint. CowelL
DISTRINGAS. In English practice. A writ directed to the sheriff of the county in which a defendant resides, or has any goods or chattels, commanding him to distrain up­on the goods and chattels of the defendant for forty shillings, in order to compel his ap­pearance. 3 Steph. Comm. 567. This writ issues in cases where it is found impractica­ble to get at the defendant personally, so as to serve a summons upon him. Id.
A distringas is also used in equity, as the first process to compel the appearance of a
corporation aggregate. St 11 Geo. IV. and
1 Wm. IV. c. 36.
A form of execution in the actions of deti­nue and assise of nuisance. Brooke, Abr. pi. 26; Barnet v. Ihrie, 1 Rawle (Pa.) 44.
—Distringas jnratores. A writ command­ing the sheriff to have the bodies of the jurors, or to distrain them by their lands and goods, that they may appear upon the day appointed. 3 Bl. Comm. 354. It issues at the same time with the venire, though in theory afterwards, founded on the supposed neglect of the juror to attend. 3 Steph. Comm. 590.—Distringas nnper vice comitem. A writ to distrain the goods of one who lately filled the office of sheriff, to compel him to do some act which he ought to have done before leaving the office; as to bring in the body of a defendant, or to sell goods attached under a fi. fa.—Distringas vice comitem. A writ of distringas, directed to the coroner, may be issued against a sheriff if he neglects to execute a writ of venditioni exponas. Arch. Pr. 584.
DISTRINGERE. In feudal and old Eng­lish law. To distrain; to coerce or compel. Spelman; Calvin.
DISTURBANCE. 1. Any act causing annoyance, disquiet, agitation, or derange­ment to another, or interrupting his peace, or interfering with him in the pursuit of a lawful and appropriate occupation. Richard­son v. State, 5 Tex. App. 472; State v. Stuth, 11 Wash. 423, 39 Pac. 665; George v. George. 47 N. H. 33; Varney v. French, 19 N. H. 233.
2. A wrong done to an incorporeal heredit­ament by hindering or disquieting the owner in the enjoyment of it Finch, 187; 3 BL Comm. 235.
—Disturbance of common. The doing any act by which the right of another to his com­mon is incommoded or diminished; 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 not com­monable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise obstructs it. 3 Bl. Comm. 237-241; 3 Steph. Comm. 511, 512.—Disturbance of franchise. The disturbing or incommoding a man in the lawful exercise of his franchise, whereby the profits arising from it are dimin­ished. 3 Bl. Comm. 236; 3 Steph. Comm. 510;
2Crabb, Real Prop. p. 1074, § 2472c—Dis­turbance of patronage. The hindrance or obstruction of a patron from presenting his clerk to a benefice. 3 Bl. Comm. 242; 3 Steph. Comm. 514.—Disturbance of public wor­ship. Any acts or conduct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises. Lancaster v. State, 53 Ala. 398, 25 Am. Rep. 625; Brown v. State, 46 Ala. 183; McElroy v. State, 25 Tex. 507 —Disturbance of tenure. In the law of tenure, disturbance is where a stranger, by menaces, force, persua­sion, or otherwise, causes a tenant to leave his tenancy; this disturbance of tenure is an in­jury to the lord for which an action will lie.
3Steph. Comm. 414.—Disturbance of the peace. Interruption of the peace, quiet, and good order of a neighborhood or community, particularly by unnecessary and distracting nois­es. City of St. Charles v. Meyer, 58 Mo. 89; Yokum v. State (Tex. Cr. App) 21 S. W. 191. —Disturbance of ways. This happens where a person who has a right of way over another's


ground by grant or prescription is obstructed by inclosures or other obstacles, or by plowing across it, by which means he cannot enjoy his right of way, or at least in so commodious a manner as he might have done. 3 Bl. Comim. 241.
DISTUBBEB. If a bishop refuse or neg­lect to examine or admit a patron's clerk, without reason assigned or notice given, he is styled a "disturber" by the law, and shall not have any title to present by lapse; for no man shall take advantage of his own wrong. 2 Bl. Comm. 278.
DITCH. The words "ditch" and "drain" have no technical or exact meaning. They both may mean a hollow space in the ground, natural or artificial, where water is collected or passes off. Goldthwait v. East Bridge-water, 5 Gray (Mass.) 64; Wetmore v. Fiske, 15 R. I. 354, 5 Atl. 375.
DITES OUSTEB. L. Fr. Say over. The form of awarding a respondeas ouster, in the Year Books, M. 6 Edw. III. 49.
DITTAY. In Scotch law. A technical term in civil law, signifying the matter of charge or ground of indictment against a person accused of crime. Taking up dittay is obtaining informations and presentments of crime in order to trial. Skene, de Verb. Sign.; Bell.
DIVERS. Various, several, sundry; a collective term grouping a number of un­specified persons, objects, or acts. Com. v. Butts, 124 Mass. 452; State v. Hodgson, 66 Vt 134, 28 Atl. 1069; Munro v. Alaire, 2 Caines (N. Y.) 326.
DIVERSION. A turning aside or alter­ing the natural course of a thing. The term is chiefly applied to the unauthorized chang­ing the course of a water-course to the prej­udice of a lower proprietor. Merritt v. Park­er, 1 N. J. Law, 460; Parker v. Griswold, 17 Conn. 299, 42 Am. Dec. 739.
DIVEBSITE DES COUBTS. A treatise on courts and their jurisdiction, written to French in the reign of Edward III. as is supposed, and by some attributed to Fitzher-bert It was first printed in 1525, and again In 1534. Crabb, Eng. Law, 330, 483.
DIVEBSITY. In criminal pleading. A plea by the prisoner in bar of execution, al­leging that he is not the same who was at­tainted, upon which a jury is immediately Impaneled to try the collateral issue thus raised, viz., the identity of the person, and not whether he is guilty or innocent, for that has been already decided. 4 Bl. Comm. 396.
DIVEBSO INTUITU. Lat. With a dif­ferent vtew, purpose, or design; in a differ­ent view or point of view; by a different
course or process. 1 W. Bl. 89; 4 Kent, Comm. 211, note.
DIVEBSOBIUM. In old English law. A lodging or inn. Townsh. PI. 38.
DIVERT. To turn aside; to turn out of the way; to alter the course of things. Usu­ally applied to water-courses. Ang. Water-Courses, § 97 et seq. Sometimes to roads. 8 East, 394.
DIVES. In the practice of the English chancery division, "dives costs" are costs on the ordinary scale, as opposed to the costs formerly allowed to a successful pauper su­ing or defending %n formfr pauperis, and which consisted only of his costs out of pocket Daniell, Ch. Pr. 43.
DIVEST. Equivalent to devest, (q. v.)
DIVESTITIVE FACT. A fact by means of which a right is divested, terminated, or extinguished; as the right of a tenant ter­minates with the expiration of his lease, and the right of a creditor is at an end when his debt has been paid. Holl. Jur. 132.
Divide et impera, cum radix et vertex imperii in obedientinm consensu rata sunt. 4 Inst. 35. Divide and govern, since the foundation and crown of empire are es­tablished in the consent of the obedient
DIVIDEND. A fund to be divided. The share allotted to each of several persons en­titled to share in a division of profits or property. Thus, dividend may denote a fund set apart by a corporation out of its profits, to be apportioned among the shareholders, or the proportional amount falling to each. In bankruptcy or insolvency practice, a divi­dend is a proportional payment to the cred­itors out of the insolvent estate. State v. Comptroller of State, 54 N. J. Law, 135, 23 Atl. 122; Trustees of University v. North Carolina R. Co., 76 N. O. 103, 22 Am. Rep. 671; De Koven v. Alsop, 205 111. 309, 68 N. E. 930, 63 L. R. A. 587; Hyatt v. Allen, 56 N. Y. 553, 15 Am. Rep. 449; Cary v. Savings Union, 22 Wall. 38, 22 L. Ed. 779; In re Ft. Wayne Electric Corp. (D. a) 94 Fed. 109; In re Fielding (D. C.) 96 Fed. 800.
In old English law. The term denotes one part of an indenture, (q. v.)
—Preferred dividend. One paid on the pre­ferred stock of a corporation; a dividend paid to one class of shareholders in priority to that paid to another. Chaffee v. Railroad Co., 55 Vt 129; Taft t. Railroad Co., 8 R. I. 310, 5 Am. Rep. 575.—Scrip dividend. One paid in scrip, or in certificates of the ownership of a corresponding amount of capital stock of the company thereafter to be issued. Bailey v. Railroad Co., 22 Wall. 604, 22 L. Ed. 840.— Stock dividend. One paid in stock, that is, not in money, but in a proportional number of shares of the capital stock of the company, which is ordinarily increased for this purpose to a corresponding extent Kaufman v. Char-


lottesville Woolen Mills Co., 93 Va. 673, 25 S. EL 1003; Thomas v. Gregg, 78 Md. 545, 28 Atl. 565. 44 Am. St Rep. 310 —Ex dividend. A phrase used by stock brokers, meaning that a sale of corporate stock does not carry with it the seller's right to receive his proportionate share of a dividend already declared and short­ly payable.
DIVIDENDA. In old records. An in­denture ; one counterpart of an indenture.
DIVINARE. Lat To divine; to con­jecture or guess; to foretelL Divtnatio, a conjecturing or guessing.
Divinatio, non interpretatio est, quae omnino recedit a litera. That is guess­ing, not interpretation, which altogether de­parts from the letter. Bac. Max. 18, (in reg. 3,) citing Xearb. 3 Hen. VI. 20.
DIVINE LAWS. As distinguished from those of human origin, divine laws are those of which the authorship is ascribed to God, being either positive or revealed laws or the laws of nature. Mayer v. Frobe, 40 W. Va. 246, 22 S. E. 58; Borden v. State, 11 Ark. 527, 44 Am. Dec. 217.
DIVINE SERVICE. Divine service was the name of a feudal tenure, by which the tenants were obliged to do some special divine services in certain; as to sing so many masses, to distribute such a sum in alms, and the like. (2 Bl. Coinm. 102; 1 Steph. Comm. 227.) It differed from tenure in fran­kalmoign, in this: that, in case of the tenure by divine service, the lord of whom the lands were holden might distrain for its non­performance, whereas, in case of frankal­moign, the lord has no remedy by distraint for neglect of the service, but merely a right of complaint to the visitor to correct it. Mozley & Whitley.
DIVISA. In old English law. A device, award, or decree; also a devise; also bounds or limits of division of a parish or farm, etc. Cowell. Also a court held on the bound­ary, J.n order to settle disputes of the ten­ants.
Divisibilis est semper divisibilis. A
thing divisible may be forever divided.
DIVISIBLE. That which is susceptible of being divided.
—'Divisible contract. One which is in its nature and purposes susceptible of division and apportionment, having two or more parts in re­spect to matters and things contemplated and embraced by it, not necessarily dependent on each other nor intended by the parties so to be. Horseman v. Horseman, 43 Or. 83, 72 Pac 698.
DIVISIM. In old English law. Sever­ally; separately. Bract fol. 47.
DIVISION. In English law. One of the smaller subdivisions of a county. Used in
Lincolnshire as synonymous with "riding" in Yorkshire.
DIVISION OF OPINION. In the prac­tice of appellate courts, this term denotes such a disagreement among the judges that there is not a majority in favor of any one view, and hence no decision can be rendered on the case. But it sometimes also denotes a division into two classes, one of which may comprise a majority of the judges; as when we speak of a decision having proceed­ed from a "divided court."
DIVISIONAL COURTS. Courts in Eng­land, consisting of two or (in special cases) more judges of the high court of justice, sitting to transact certain kinds of business which cannot be disposed of by one judge.
DIVISUM IMPEBIUM. Lat A divided jurisdiction. Applied, e. g., to the jurisdic­tion of courts of common law and equity over the same subject 1 Kent Comm. 366; 4 Steph. Comm. 9.
DIVORCE. The legal separation of man and wife, effected, for cause, by the judg­ment of a court, and either totally dissolving the marriage relation, or suspending its ef­fects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S. 155, 21 Sup. Ct. 544, 45 L. Ed. 794; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112.
The dissolution is termed "divorce from the bond of matrimony," or, in the Latin form of the expression, "a vinculo matrimonii;" the suspension, "divorce from bed and board," "a mensa et thoro." The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div. § 225.
The term "divorce" is now applied, in Eng­land, both to decrees of nullity and decrees of dissolution of marriage, while in America it is used only in cases of divorce a mensa or a vin­culo, a decree of nullity of marriage being granted for the causes for which a divorce a vinculo was formerly obtainable in England.
—Divorce a mensa et thoro. A divorce from table and bed, or from bed and board. A partial or qualified divorce, by which the par­ties are separated and forbidden to live or co­habit together, without affecting the marriage itself. 1 Bl. Comm. 440; 3 Bl. Comm. 94; 2 Steph. Comm. 311; 2 Bish. Mar. & Div. § 225; Miller v. Clark, 23 Ind. 370; Rudolph v. Ru­dolph (Super. Buff.) 12 N. Y. Supp. 81; Zule v. Zule, 1 N. J. Eq. 99.—Divorce a vinculo matrimonii. A divorce from the bond of marriage. A total divorce of husband and wife, dissolving the marriage tie, and releasing the parties wholly from their matrimonial obliga­tions. 1 Bl. Comm. 440; 2 Steph. Comm. 310, 311; 2 Bish. Mar. & Div. § 225; De Roche v. De Roche, 12 N. D. 17, 94 N. W. 770.—For­eign divorce. A divorce obtained out of the state or country where the marriage was solem­nized. 2 Kent, Comm. 106, et seq —Limited divorce. A divorce from bed and board: or a judicial separation of husband and wife not dissolving the marriage tie.
Divortium dicitur a divertendo, qnia vir divertitnr ab uxore. Co. Litt 235. Divorce is called from divertendo, because a man is diverted from his wife.


DIXIEME. Fr. Tenth; the tenth part. Ord. Mar. liv. 1, tit. 1, art. 9.
In old French law. An income tax pay­able to the crown. Steph. Lect 359.
DO. Lat I give. The ancient and apt-est word of feoffment and of gift 2 Bl. Oomm. 310, 316; Co. Litt. 9.
DO, DICO, ADDICO. Lat. I give, I say, I adjudge. Three words used in the Roman law, to express the extent of the civil juris­diction of the praetor. Do denoted that he gave or granted actions, exceptions, and judi-ces; dico, that he pronounced judgment; addico, that he adjudged the controverted property, or the goods of the debtor, etc., to the plaintiff. Mackeld. Rom. Law, § 39.
DO, LEGO. Lat I give, I bequeath; or I give and bequeath. The formal words of making a bequest or legacy, in the Roman law. Titio et Seio hominem Sticfium do, lego, I give and bequeath to Titius and Seius my man Stlchus. Inst. 2, 20, 8, 30, 31. The expression Is literally retained in modern wills.
DO UT DES. Lat I give that you may give; I give [you] that you may give [me.] A formula in the civil law, constituting a general division under which those contracts (termed "innominate") were classed in which something was given by one party as a con­sideration for something given by the other. Dig. 19, 4; Id. 19, 5, 5; 2 Bl. Oomm. 444.
DO UT FACIAS. Lat I give that you may do; I give [you] that you may do or make [for me.] A formula in the civil law, under which those contracts were classed in which one party gave or agreed to give money, in consideration the other party did or performed certain work. Dig. 19, 5, 5; 2 Bl. Comm. 444.
In this and the foregoing phrase, the con­junction "ut" is not to be taken as the tech­nical means of expressing a consideration. In the Roman usage, this word imported a modus, that is, a qualification ; while a consideration (causa) was more aptly expressed by the word "quia."
DOCIMASIA PULMONUM. In medical jurisprudence. The hydrostatic test used chiefly in cases of alleged infanticide to de­termine whether the child was born alive or dead, which consists in immersion of the foetal lungs in water. If they have never been inflated they will sink, but will float If the child has breathed.
DOCK, v. To curtail or diminish, as to dock an entail.
DOCK, n. The cage or inclosed space in a criminal court where prisoners stand when brought in for trial.
The space, in a river or harbor, Inclosed between two wharves. City of Boston v. Le-Bl.Law Dict.(2d Ed.)—25
craw, 17 How. 434, 15 L. Ed. 118; Bingham v. Doane, 9 Ohio, 167.
"A dock is an artificial basin in connection with a harbor, used for the reception of ves­sels in the taking on or discharging of their cargoes, and provided with gates for prevent­ing the rise and fall of the waters occasioned by the tides, and keeping a uniform level with­in the docks." Perry v. Haines, 191 U. S. 17, 24 Sup. Ct. 8, 48 L. Ed. 73.
—Dockage. A charge against vessels for the privilege of mooring to the wharves or in the slips. People v. Roberts, 92 Cal. 659, 28 Pac. 689. A pecuniary compensation for the use of a dock while a vessel is undergoing repairs. Ives v. The Buckeye State, 13 Fed Cas. 184. —Dock-master. An officer invested with powers within the docks, and a certain dis­tance therefrom, to direct the mooring and removing of ships, so as to prevent obstruction to the dock entrances. Mozley & Whitley.— Dock warrant. In English law. A warrant given by dock-owners to the owner of mer­chandise imported and warehoused on the dock, upon the faith of the bills of lading, as a recognition of his title to the goods. It is a negotiable instrument. Pull. Port of London, p. 375.
DOCKET, v. To abstract and enter in a book. 3 Bl. Comm. 397, 398. To make a brief entry of any proceeding in a court of justice in the docket
DOCKET, n. A minute, abstract or brief entry; or the book containing such entries. A small piece of paper or parch­ment having the effect of a larger. Blount.
In practice. A formal record, entered In brief, of the proceedings in a court of jus­tice.
A book containing an entry in brief of all the important acts done in court in the con­duct of each case, from its inception to its conclusion. Pub. St. Mass. 1882, p. 1290.
The name of "docket" or "trial docket" is sometimes given to the list or calendar of causes set to be tried at a specified term, pre­pared by the clerks for the use of the court and bar.
Kinds of dockets. An appearance docket is one in which the appearances in actions are entered, containing also a brief abstract of the successive steps in each action. A bar docket is an unofficial paper consisting of a transcript of the docket for a term of court, printed for distribution to members of the bar. Gilford v. Cole, 57 Iowa, 272, 10 N. W. 672.. An exe­cution docket is a list of the executions sued out or pending in the sheriff's office. A judg­ment docket is a list or docket of the judg­ments entered in a given court, methodically kept by the clerk or other proper officer, open to public inspection, and intended to afford official notice to interested parties of the ex­istence or lien of judgments.
—Docket fee. An attorney's fee, of a fixed sum, chargeable with or as a part of the costs of the action, for the attorney of the success­ful party; so called because chargeable on the docket, not as a fee for making docket en­tries. Bank v. Neill, 13 Mont. 377, 34 Pac. 180; Goodyear v. Sawyer (C. O.) 17 Fed. 2.— Docket, striking a. A phrase formerly used in English bankruptcy practice. It referred to the entry of certain papers at the bankruptcy office, preliminary to the prosecution of the fiat against a trader who had become bankrupt. These papers consisted of the affidavit the bond,


and the petition of the creditor, and their ob­ject was to obtain from the lord chancellor his fiat, authorizing the petitioner to prosecute his complaint against the bankrupt in the bank­ruptcy courts. Brown.
DOCTOR. A learned man; one qualified to give instruction of the higher order in a science or art; particularly, one who has re­ceived the highest academical degree in his art or faculty, as, a doctor of laws, medicine, or theology. In colloquial language, how­ever, the term is practically restricted to practitioners of medicine. Harrison v. State, 102 Ala. 170, 15 South. 563; State v. Mc-Knight, 131 N. O. 717, 42 S. E. 580, 59 L. R. A. 187.
This term means, simply, practitioner of phy­sic, without respect to system pursued. A cer­tificate of a homoepathic physician is a "doctor's certificate." Corsi v. Maretzek, 4 E. D. Smith (N. Y.) 1.
DOCTOR AND STUDENT. The title of a work written by St. Germain in the reign of Henry VIII. in which many principles of the common law are discussed in a popular manner. It is in the form of a dialogue between a doctor of divinity and a student in law, and has always been considered a book of merit and authority. 1 Kent, Comm. 504; Orabb, Eng. Law, 482.
DOCTORS' COMMONS. An institution near St. Paul's Churchyard, in London, where, for a long time previous to 1857, the ecclesiastical and admiralty courts used to be held.
DOCTRINE. A rule, principle, theory, or tenet of the law; as, the doctrine of mer­ger, the doctrine of relation, etc.
Doctrinal interpretation. See Inteb-
DOCUMENT. An instrument on which is recorded, by means of letters, figures, or marks, matter which may be evidentially used. In this sense the term "document" ap­plies to writings; to words printed, litho­graphed, or photographed; to seals, plates, or stones on which inscriptions are cut or en­graved; to photographs and pictures; to maps and plans. The inscription may be on stone or gems, or on wood, as well as on paper or parchment. 1 Whart Ev. f 614; Johnson Steel Street-Rail Co. v. North Branch Steel Co. (C. C.) 48 Fed. 194; Arnold v. Water Co., 18 R. I. 189, 26 Atl. 55, 19 L. R. A. 602; Hayden v. Van Cortlandt, 84 Hun, 150, 32 N. Y. Supp. 507.
In the plural, the deeds, agreements, title-papers, letters, receipts, and other written instruments used to prove a fact.
In the civil law. Evidence delivered in the forms established by law, of whatever nature such evidence may be. The term is, however, applied principally to the testimony of witnesses. Sav. Dr. Rom. § 165.
—Ancient documents. Deeds, wills, and other writings more than thirty years old are
so called; they are presumed to be genuine without express proof, when coming from the proper custody.—Foreign document. One
which was prepared or executed in, or which comes from, a foreign state or country.—Judi­cial documents. Proceedings relating to liti­gation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, exam­inations, and inquisitions taken in the course of a legal process; (3) writs, warrants, plead­ings, etc., which are incident to any judicial proceedings. See 1 Starkie, Ev. 252.—Public document. A state paper, or other instru­ment of public importance or interest, issued or published by authority of congress or a state legislature. Also any document or record, evi­dencing or connected with the public business or the administration of public affairs, preserv­ed in or issued by any department of the gov­ernment. See Hammatt v. Emerson, 27 Me. 335, 46 Am. Dec. 598.—Documentary evi­dence. Such evidence as is furnished by writ­ten instruments, inscriptions, documents of all kinds, and also any inanimate objects admis­sible for the purpose, as distinguished from "oral" evidence, or that delivered by human beings viva voce.
DODRANS. Lat. In Roman law. A subdivision of the as, containing nine un-cice; the proportion of nine-twelfths, or three-fourths. 2 Bl. Comm. 462, note.
DOE, JOHN. The name of the fictitious plaintiff in the action of ejectment. 3 Steph. Comm. 618.
DOED-BANA. In Saxon law. The act­ual perpetrator of a homicide.
DOER. In Scotch law. An agent or at­torney. 1 Kames, Eq. 325.
DOG-DRAW. In old forest law. The manifest deprehension of an offender against venison in a forest, when he was found drawing after a deer by the scent of a hound led in his hand; or where a person had wounded a deer or wild beast, by shooting at him, or otherwise, and was caught with a dog drawing after him to receive the same. Manwood, Forest Law, 2, c. 8.
DOG-LATIN. The Latin of illiterate persons; Latin words put together on the English grammatical system.
DOGGER. In maritime law. A light ship or vessel; dogger-fish, fish brought in ships. Cowell.
DOGGER-MEN. Fishermen that belong to dogger-ships.
DOGMA. In the civil law. A word oc­casionally used as descriptive of an ordi­nance of the senate. See Nov. 2, 1, 1; Dig. 27, 1, 6.
DOING. The formal word by which serv­ices were reserved and expressed in old con­veyances; as "rendering" (reddendo) was expressive of rent. Perk, c 10, §§ 625, 635, 638.


DOITKIN, or DOIT. A base coin of small value, prohibited by St. 3 Hen. V. c 1. We still retain the phrase, in the com­mon saying, when we would undervalue a man, that he is not worth a doit. Jacob.
DOLE. A part or portion of a meadow is so called; and the word has the general signification of share, portion; or the like; as "to dole out" anything among so many poor persons, meaning to deal or distribute in portions to them. Holthouse.
In Scotck law. Criminal intent; evil design. Bell, Diet. voc. "Crime."
DOLES, or DOOLS. Slips of pasture left between the furrows of plowed land.
DOLG. Sax. A wound. Spelman.
DOLG-BOTE. A recompense for a scar or wound. Cowell.
DOIJ. Lat See Dolus.
DOLLAR. The unit employed in the United States in calculating money values. It is coined both in gold and silver, and is of the value of one hundred cents.
DOLO. In Spanish law. Bad or mis­chievous design. White, New Eecop. b. 1, tit L c. 1, § 3.
Dolo facit qui petit quod redditurus est. He acts with guile who demands that which he will have to return. Broom, Max. 846.
Dolo malo pactum «e son servaturum. Dig. 2, 14, 7, § 9. An agreement induced by fraud cannot stand.
Dolosus versatur in generalibns. A
person intending to deceive deals in general terms. Wing. Max. 636; 2 Coke, 34a; 6 Clark & F. 699; Broom, Max. 289.
Dolum ex indiciis perspicuis probari convenit. Fraud should be proved by clear tokens. Code, 2, 21, 6; 1 Story, Cont § 625.
DOLUS. In the civil law. Guile; de-ceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contriv­ance by words or acts with a design to cir­cumvent. 2 Kent, Comm. 560; Code, 2, 21.
Such acts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (malus animus) or not Poth. Traits de D$p6t, nn. 23, 27; Story, Bailm. S 20a; 2 Kent, Comm. 506, note.
Fraud, willfulness, or Intentionality. In that use it is opposed to culpa, which is
negligence merely, in greater or less degree. The policy of the law may sometimes treat extreme culpa as if it were dolus, upon the maxim culpa dolo comparatur. A person is always liable for dolus producing damage, but not always for culpa producing damage, even though extreme, e. g., a depositary is only liable for dolus, and not for negligence. Brown.
—Dolus bonus, dolus mains. In a wide sense, the Roman law distinguishes between "good," or rather "permissible" dolus and "bad" or fraudulent dolus. The former is justifiable or allowable deceit; it is that which a man may employ in self-defense against an unlawful attack, or for another permissible purpose, as when one dissembles the truth to prevent a lunatic from injuring himself or others. The latter exists where one intentionally misleads another or takes advantage of another's error wrongfully, by any form of deception, fraud, or cheating. Mackeld. Rom. Law, § 179; Broom, Max. 349; 2 Kent, Comm. 560, note.—Dolns dans locum contractu!. Fraud (or deceit) giving rise to the contract; that is, a fraudu­lent misrepresentation made by, one of the par­ties to the contract, and relied upon by the other, and which was actually instrumental in inducing the latter to enter into the con­tract.—Doli capax. Capable of malice or criminal intention; having sufficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the criminal laws.-Doli incapax. Incapable of criminal intention or malice; not of the age of discretion; not possessed of sufficient dis­cretion and intelligence to distinguish between right and wrong to the extent of being crim­inally responsible for his actions.
Dolns auetoris non nocet successor!.
The fraud of a predecessor prejudices not his successor.
Dolus circuitu non purgatur. Fraud is not purged by circuity. Bac. Max. 4; Broom, Max. 228.
Dolns est machinatio, cum alind dis-simulat alind agit. Lane, 47. Deceit is an artifice, since it pretends one thing and does another.
Dolns et fraus nemini patrocinentnr, (patrocinari debent.) Deceit and fraud shall excuse or benefit no man. Yearb. 14 Hen. VIII. 8; Best, Bv. p. 469, § 428; 1 Story, Eq. Jur. § 395.
Dolus latet in generalibns. Fraud lurks in generalities. Tray. Lat Max. 162.
Dolns versatur in generalibns. Fraud deals in generalities. 2 Coke, 34a; 3 Coke, 81a.
DOM. FBOC. An abbreviation of Do-mus Proceium or Domo Procerum; the house of lords in England. Sometimes ex­pressed by the letters D. P.
DOMAIN. The complete and absolute ownership of land; a paramount and in­dividual right of property in land. People v. Shearer, 30 Cal. 658. Also the real es-


tate so owned. The inherent sovereign pow­er claimed by the legislature of a state, of controlling private property for public uses, is termed the "right of eminent domain."
2 Kent, Comm. 339. See Eminent Domain.
A distinction has been made between "prop­erty" and "domain." The former is said to be that quality which is conceived to be in the thing itself, considered as belonging to such or such person, exclusively of all others. By the latter is understood that right which the owner has of disposing of the thing. Hence "domain" and "property" are said to be correlative terms. The one is the active right to dispose of; the other a passive quality which follows the thing and places it at the disposition of the owner.
3 Toullier, no. 83.
—National domain. A term sometimes ap­plied to the aggregate of the property owned directly by a nation. Civ. Code La. 1900, art. 486.—Public domain. This term embraces all lands, the title to which is in the United States, including as well land occupied for the purposes of federal buildings, arsenals, dock-yards, etc., as land of an agricultural or mineral character not yet granted to private owners. Barker v. Harvey, 181 U. 'S. 481, 21 Sup. Ct. 690, 45 L. Ed. 963; Day Land & Cattle Co. y. State, 63 Tex. 526, 4 S. W. 865.
DOMBEC, DOMBOC. (Sax. From 4om, judgment, and beo, 6oc, a book.) Dome-book or doom-book. A name given among the Saxons to a code of laws. Sev­eral of the Saxon kings published dombocs, but the most important one was that attrib­uted to Alfred. Crabb, Com. Law, 7. This is sometimes confounded with the celebrated Domesday-Book. See Dome-Book, Domes­day.
DOME. (Sax.) Doom; sentence; judg­ment. An oath. The homager's oath in the black book of Hereford. Blount.
DOME-BOOK. A book or code said to have been compiled under the direction of Alfred, for the general use of the whole kingdom of England; containing, as is sup­posed, the principal maxims of the common law, the penalties for misdemeanors, and the forms of judicial proceedings. It is said to have been extant so late as the reign of Edward IV., but is now lost 1 Bl. Comm. 64, 65.
(Sax.) An ancient record made in the time of William the Conqueror, and now remain­ing in the English exchequer, consisting of two volumes of unequal size, containing mi­nute and accurate surveys of the lands in England. 2 Bl. Comm. 49, 50. The work was begun by five justices in each county in 1081, and finished in 1086.
DOMESMEN. (Sax.) An inferior kind of judges. Men appointed to doom (judge) in matters in controversy. Cowell. Suitors In a court of a manor in ancient demesne, who are judges there. Blount; Whishaw; Termes de la Ley.
DOMESTIC, n. Domestics, or, In full, domestic servants, are servants who reside in the same house with the master they serve. The term does not extend to work­men or laborers employed out of doors. Ex parte Meason, 5 Bin. (Pa.) 167.
The Louisiana Civil Code enumerates as domestics those who receive wages and stay in the house of the person paying and em­ploying them, for his own service or that of his family; such as valets, footmen, cooks, butlers, and others who reside in the house. Persons employed in public houses are not included. Cook v. Dodge, 6 La. Ann. 276.
DOMESTIC, adj. Pertaining, belonging, or relating to a home, a domicile, or to the place of birth, origin, creation, or transac­tion.
—Domestic animals. Such as are habituated to live in or about the habitations of men, or such as contribute to the support of a family or the wealth of the community. This term in­cludes horses, (State v. Gould, 26 W. Va. 264; Osborn v. Lenox, 2 Allen [Mass.] 207,) but may or may not include dogs. See Wilcox v. State, 101 Ga. 593, 28 S. E. 981, 39 L. R, A. 709; State v. Harriman, 75 Me. 562, 46 Am. Rep. 423; Hurley v. State, 30 Tex. App. 333, 17 S. W. 455, 28 Am. St. Rep. 916.—Domestic courts. Those existing and having jurisdiction at the place of the party's residence or domicile. Dickinson v. Railroad Co., 7 W. Va. 417.
As to domestic "Administrators," "Attach­ment," "Bill of Exchange," "Commerce," "Corporations," "Creditors," "Factors," "Fixtures," "Judgment," and "Manufac­tures," see those titles.
DOMESTICUS. In old European law. A seneschal, steward, or major domo; a judge's assistant; an assessor, (q. v.) Spel-man.
DOMICELLA. In old English law. A damsel. Fleta, lib. 1, c. 20, § 80.
DOMICEIXUS. In old English law. A better sort of servant in monasteries; also an appellation of a king's bastard.
DOMICILE. That place in which a man has voluntarily fixed the habitation of him­self and family, not for a mere special or temporary purpose, but with the present in­tention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home. In re Garneau, 127 Fed. 677, 62 C. C. A. 403.
In its ordinary acceptation, a person's domi­cile is the place where he lives or has his home. In a strict and legal sense, that is properly the domicile of a person where he has his true, fixed, permanent home and principal establish­ment, and to which, whenever he is absent, he has the intention of returning. Anderson v. Anderson, 42 Vt. 350, 1 Am. Rep. 334.
Domicile is but the established, fixed, perma­nent, or ordinary dwelling-place or place of resi­dence of a person, as distinguished from his temporary and transient, though actual, placa of residence. It is his legal residence, as dis­tinguished from his temporary place of abode;


or bis home, as distinguished from a place to which business or pleasure may temporarily call him. Salem v. Lyme, 29 Conn. 74.
Domicile is the place where a person has fixed his habitation and has a permanent residence, without any present intention of removing therefrom. Crawford v. Wilson, 4 Barb. (N. Y.) 504, 520.
One's domicile is the place where one's family permanently resides. Daniel v. Sullivan, 46 Ga. 277.
In international law, "domicile" means a resi­dence at a particular place, accompanied with positive or presumptive proof of intending to continue there for an unlimited time. State v. Collector of Bordentown, 32 N. J. Law, 192.
"Domicile" and "residence" are not syn­onymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling. Bartlett v. New York, 5 Sandf. (N. Y.) 44.
The domicile is the habitation fixed in any place with an intention of always staying there, while simple residence is much more temporary in its character. New York v. Genet, 4 Hun (N. Y.) 489.
Classification. Domicile is of three sorts, —domicile by birth, domicile by choice, and dom­icile by operation of law. The first is the com­mon case of the place of birth, domicihum ortg-ims; the second is that which is voluntarily acquired by a party, proprio motu; the last is consequential, as that of the wife arising from marriage. Story, Confl. Laws, § 46. And see Railroad Co. v. Kimbrough, 135 Ky. 512, 74 S. W. 229; Price v. Price, 156 Pa. 617, 27 Atl. 291; White v. Brown, 29 Fed. Cas. 992. The following terms are also used: Commercial domicile. A domicile acquired by the main­tenance of a commercial establishment; a domi­cile which a citizen of a foreign country may acquire by conducting business in another coun­try. U. S. v. Chin Quong Lodk (D. C.) 52 Fed. 204; Lau Ow Bew v. U. S., 144 U. S. 47, 12 Sup. Ct. 517, 36 L. Ed. 340—De facto domi­cile. In French law, permanent and fixed res­idence in France of an alien who has not ac­quired French citizenship nor taken steps to do so, but who intends to make his home per­manently or indefinitely in that country; call­ed domicile "de facto" because domicile in the full sense of that term, as used in France, can only be acquired by an act equivalent to nat­uralization. In re Cruger's Will, 36 Misc. Rep. 477, 73 N. Y. Supp. 812 —Domicile of origin. The home of the parents. Philhm Dom 25, 101. That which arises from a man's birth and connections. 5 Ves. 750. The domicile of the parents at the time of birth, or what is termed the "domicile of origin," constitutes the domicile of an infant, and continues until aban­doned, or until the acquisition of a new domi­cile in a different place. Prentiss v Barton, 1 Brock. 389, 393. Fed. Cas. No. 11,384—Domi­cile of succession. This term, as distinguish­ed from a commercial, political, or forensic domicile, means the actual residence of a person within some jurisdiction, of such a character as shall, according to the well-established princi­ples of public law, give direction to the succes­sion of Ms personal estate. Smith v. Croom, 7 Fla. 81.—Elected domicile. The domicile of parties fixed in a contract between them for the purposes of such contract. Woodworth v. Bank of America, 19 Johns. (N. Y.) 417, 10 Am. Dec. 239.—Foreign domicile. A domicile estab­lished by a citizen or subject of one sovereignty within the territory 'of another.—National domicile. The domicile of a person, consid­ered as being within the territory of a particu­lar nation, and not with reference to a particu­lar locality or subdivision of a nation—Natu­ral domicile. The same as domicile of origin or domicile by birth. Johnson y. Twenty-One
Bales, 13 Fed. Cas. 863.—Necessary domicile. That kind of domicile which exists by operation of law, as distinguished from voluntary domicile or domicile of choice. Phillim. Dom. 27-97.
DOMICILED. Established in a given domicile; belonging to a given state or jur­isdiction by right of domicile.
DOMICILIARY. Pertaining to domicile; relating to one's domicile. Existing or creat­ed at, or connected with, the domicile of a suitor or of a decedent.
DOMICILIATE. To establish one's domi­cile; to take up one's fixed residence in a given place. To establish the domicile of another person whose legal residence fol­lows one's own.
DOMICILIATION. In Spanish law. The acquisition of domiciliary rights and status, nearly equivalent to naturalization, which may be accomplished by being born in the kingdom, by conversion to the Cath­olic faith there, by taking up a permanent residence in some settlement and marrying a native woman, and by attaching oneself to the soil, purchasing or acquiring real property and possessions. Yates v. lams, 10 Tex. 168.
DOMICILITTM. Lat. Domicile, (q. v.)
DOMIGEBIUM. In old English law. Power over another; also danger. Bract. 1. 4, t. 1, c. 10.
DOMINA, (DAME.) A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell.
DOMINANT TENEMENT. A term used in the civil and Scotch law, and thenc'e in ours, relating to servitudes, meaning the tenement or subject in favor of which the service is constituted; as the tenement over which the servitude extends is called the "servient tenement." Wharton; Walker v. Clifford, 128 Ala. 67, 29 South. 588, 86 Am, St. Rep. 74, Dillman v. Hoffman, 38 Wis. 572; Stevens v. Dennett, 51 N. H. 339.
DOMINATIO. In old English law. Lordship.
DOMINICA PALMARUM. (Dominica in ramis palmarum.) L. Lat. Palm Sun­day. Townsh. PI. 131; Cowell; Blount.
DOMINICAL. That which denotes the Lord's day, or Sunday.
DOMINTCIDE. The act of killing one's lord or master.
DOMINICUM. Lat. Domain; demain; demesne. A lordship. That of which one has the lordship or ownership. That which


remains under the lord's immediate charge and control. Spelman.
Property; domain; anything pertaining to a lord. Cowell.
In ecclesiastical law. A church, or any other "building consecrated to God. Du Cange.
English law. Ancient demesne. Bract. foL 8696.
DOMINIO. Sp. In Spanish law. A term corresponding to and derived from the JLatin dominium, (q. v.) Dominio alto, em­inent domain; dominio directo, immediate ownership; dominio utile, beneficial owner­ship. Hart v. Burnett, 15 Oal. 556.
DOMINION. Ownership, or right to property. 2 Bl. Comm. 1. Title to an ar­ticle of property which arises from the pow­er of disposition and the right of claiming it Baker v. Westcott, 73 Tex. 129, 11 S. W. 157. "The holder has the dominion of the bill." 8 East, 579.
Sovereignty or lordship; as the dominion of the seas. Moll, de Jure Mar. 91, 92.
In the civil law, with reference to the title to property which is transferred by a sale of it, dominion is said to be either "proximate" or "remote," the former being the kind of title vest­ing in the purchaser when he has acquired both the ownership and the possession of the article, the latter describing the nature of his title when he has legitimately acquired the owner­ship of the property but there has been no de­livery. Coles v. Perry, 7 Tex. 109.
DOMINIUM. In the civil and old Eng­lish law. Ownership; property in the larg­est sense, including both the right of prop­erty and the right of possession or use.
The mere right of property, as distinguish­ed from the possession or usufruct. Dig. 41, 2, 17, 1; Calvin. The right which a lord had in the fee of his tenant. In this sense the word is very clearly distinguished by Bracton from dominicum.
The estate of a feoffee to uses. "The fe­offees to use shall have the dominium, and the cestui que use the disposition." Latch. 137.
Sovereignty or dominion. Dominium mar-is, the sovereignty of the sea.
—Dominium directum. In the civil law. Strict ownership; that which was founded on strict law, as distinguished from equity. In later law. Property without use; the right of a landlord. Tayl. Civil Law, 478. In feud­al law. Right or proper ownership; the right of a superior or lord, as distinguished from that of his vassal or tenant. The title or property which the sovereign in England is considered as possessing in all the lands of the kingdom, they being holden either immediately or med­iately of him as lord paramount.—Dominium directum et utile. The complete and abso­lute dominion in property; the union of the title and the exclusive use. Fairfax v. Hunter, 7 Oranch, 603, 3 L. Ed. 453.—Dominium em-inens. Eminent domain.—Dominium plen­um. Full ownership; the union of the domi­nium directum with the dominium utile. TayL
Civil Law, 478.—Dominium utile. In the
civil law. Equitable or praetorian ownership; that which was founded on, equity. Mackeld. Rom. Law, § 327, note. In later law. Use without property; the right of a tenant. Tayl. Civil Law, 478. In feudal law. Useful or beneficial ownership; the usufruct, or right to the use and profits of the soil, as distinguished from the dominium directum, (q. v,) or owner­ship of the soil itself; the right of a vassal or tenant. 2 Bl. Comm. 105.
Dominium non potest esse in pendenti.
Lordship cannot be in suspense, i. e., prop­erty cannot remain in abeyance. Halk. Law Max. 39.
DOMINO VOLENTI!. LatN The own­er being willing; with the consent of the owner.
DOMINUS. In feudal and ecclesias­tical law. A lord, or feudal superior. Dominus rex, the lord the king; the king's title as lord paramount. 1 Bl. Comm. 367. Dominus capitalis, a chief lord. Dominus medius, a mesne or intermediate lord. Dom­inus ligius, liege lord or sovereign. Id.
Lord or sir; a title of distinction. It usually denoted a knight or clergyman; and, according to Cowell, was sometimes given to a gentleman of quality, though not a knight, especially if he were lord of a manor.
The owner or proprietor of a thing, as distinguished from him who uses it merely. Calvin. A master or principal, as distin­guished from an agent or attorney. Story, Ag. § 3.
In the civil law. A husband. A fami­ly. Vicat
Dominus capitalis loco hseredis habe-tur, quoties per defectum vel delictum eztinguitur sanguis sui tenentis. Co.
Lltt 18. The supreme lord takes the place of the heir, as often as the blood of the ten­ant is extinct through deficiency or crime.
DOMINUS UTIS. Lat. The master of the suit; i. e., the person who was really and directly interested in the suit as a party, as distinguished from his attorney or advocate. But the term is also applied to one who, though not originally a party, has made him­self such, by intervention or otherwise, and has assumed entire control and responsibil­ity for one side, and Is treated by the court as liable for costs. See In re Stover, 1 Curt. 201, Fed. Cas. No. 13,507.
DOMINUS NAVIS. In the civil law. The owner of a vessel. Dig. 39, 4, 11, 2.
Dominus non maritabit pupillum nisi semel. Co. Litt 9. A lord cannot give a ward in marriage but once.
Dominus rex nullum habere potest parem, multo minus superiorem. The
king cannot have an equal, much less a su­perior. 1 Reeve, Eng. Law, 115.


DOMIT^. Lat Tamej domesticated; not wild. Applied to domestic animals, in which a man may have an absolute proper­ty. 2 Bl. Comm. 391.
DOMMAGES INTERETS. In French law. Damages.
DOMO REPARANDA. A writ that lay for one against his neighbor, by the antici­pated fall of whose house he feared a dam­age and injury to his own. Reg. Orig. 153.
DOMUS. Lat. In the civil and old Eng­lish law. A house or dwelling; a habita­tion. Inst 4, 4, 8; Townsh. PI. 183-185. Bennet v. Bittle, 4 Rawle (Pa.) 342.
—Domus capitularis. In old records. A chapter-house; the chapter-house. Dyer, 266. —Domus conversorum. An ancient house built or appointed by King Henry III. for such Jews as were converted to the Christian faith; but King Edward III., who expelled the Jews from the kingdom, deputed the place for the custody of the rolls and records of the chan­cery. Jacob.—Domus Dei. The house of) God; a name applied to many hospitals and religious houses.—Domus mansionalis. A mansion house. 1 Hale, P. C 558; State v. Brooks, 4 Conn. 446; State v. Sutcliffe, 4 Strob. (S. C.) 376.—Domus proderum. The house of lords, abbreviated into Dom. Proc, or D. P.
Domus sua cuique est tutissimum re-fugium. To every man his own house is his safest refuge. 5 Coke, 916; 11 Coke, 82; 8 Inst 162. The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose. 5 Coke, 916 y Say. 227; Broom, Max. 432. A man's dwelling-house is his castle, not for his own personal protection merely, but also for the protection of his family and his property therein. Curtis v. Hubbard, 4 Hill (N. Y.) 437.
Domus tutissimum cuique refugium atque receptaculum sit. A man's house should be his safest refuge and shelter. A maxim of the Roman law. Dig. 2, 4,18.
Dona clandestina sunt semper suspi-ciosa. 3 Coke, 81. Clandestine gifts are al­ways suspicious.
Donari videtur, quod nullo jure co-gente conceditur. Dig. 50, 17, 82. A thing is said to be given when it is yielded other­wise than by virtue of right
DONATARIUS. A donee; one to whom something is given.
DONATIO. Lat A gift A transfer of the title to property to one who receives it without paying for it Vicat The act by which the owner of a thing voluntarily trans­fers the title and possession of the same from himself to another person, without any con­sideration.
Its literal translation, "gift" has acquired in real law a more limited meaning, being ap-

?lied to the conveyance of estates tail. 2 Bl. lornm. 316; Littleton, § 59; West, Symb. I 254; 4 Cruise, Dig. 51.
Classification. By the civil law (adopted into the English and American law) donations are either inter vivos (between living persons) or mortis causa (in anticipation of death.) As to these forms, see infra. A donatio or gift as between living persons is called donatio mera or pura when it is a simple gift without com­pulsion or consideration, that is, resting solely on the generosity of the donor, as in the case of most charitable gifts. It is called donatio remuneratoria when given as a reward for past services, but still not under any legal compul­sion, as in the case of pensions and land-grants. It is called donatio sub modo (or modalis) when given for the attainment of some special object or on condition that the donee shall do some­thing not specially for the benefit of the donor, as in the case of the endowment of hospitals, colleges, etc., coupled with the condition that they shall be established and maintained. Mack-eld. Rom. Law, § 466; Fisk v. Flores, 43 Tex. 340; Noe v. Card, 14 Cal. 576. The fol­lowing terms are also used: Donatio condition-alis, a conditional gift; donatio relata, a gift made with reference to some service already done. (Fisk v. Flores, 43 Tex. 340;) donatio striata et coarctura, a restricted gift, as an es­tate tail.
—Donatio inofflciosa. An inofficious (undu-tiful) gift; a gift of so great a part of the don­or's property that the birthright portion of his heirs is diminished. Mackeld. Rom. Law, § 469. —Donatio 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. Inst. 2, 7, 2. A donation inter vivos (between living persons) is an act by which the donee divests himself at present and irrevocably of the thing given in favor of the donee who ac­cepts it. Civ. Code La. art 1468.—Donatio mortis causa. A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to an­other the possession of any personal goods, to keep as his own in case of the donor's decease. 2 Bl. Comm. 514. The civil law defines it to be a gift under apprehension of death; as when anything is given upon condition that if the donor dies, the donee shall possess it ab­solutely, or return it if the donor should sur­vive or should repent of having made the gift, or if the donee should die before the donor. Adams v. Nicholas, 1 Miles (Pa.) 109-117. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Oiv. Code Cal. jf 1149. A donation mortis causa (in prospect of death) is an act to take effect when the do­nor shall no longer exist, by which he disposes of the whole or a part or his property, and which is irrevocable. Civ. Code La. art. 1469. —Donatio propter nuptias. A gift on account of marriage. In Roman law, the bridegroom's gift to the bride in antipication of marriage and to secure her dos was called "donatio ante nuptias;" but by an ordinance of Justinian such gift might be made after as well as before marriage, and in that case it was called "donatio propter nuptias." Mackeld. Rom. Law, § 572.
Donatio non prsesumitur. A gift is not presumed. Jenk. Cent 109.
Donatio perficitur possessione acci-pientis. A gift is perfected [made complete] by the possession of the receiver. Jenk. Cent 109, case 9. A gift is incomplete until pos­session is delivered, 2 Kent Comm, 438.


Donatio principis intelligitur sine prsejudicio tertii. Dav. Ir. K. B. 75. A
gift of the prince is understood without prej­udice to a third party.
DONATION. In ecclesiastical law. A
mode of acquiring a benefice by deed of gift alone, without presentation, institution, or induction. 3 Steph. Comm. 81.
In general. A gift. See Donatio.
DONATIVE ADVOWSON. In ecclesias­tical law. A species of advowson, where the benefice is conferred on the clerk by the patron's deed of donation, without presenta­tion, institution, or induction. 2 Bl. Comm. 23; Termes de la Ley.
DONATOR. A donor; one who makes a gift, (donatio.)
Donator nunquam desinit ' possidere, antequam donatorius incipiat possidere.
The donor never ceases to possess, until the donee begins to possess. Bract. foL 416.
DONATORIUS. A donee; a person to whom a gift is made; a purchaser. Bract fol. 13, et seq.
DONATORY. The person on whom the king bestows his right to any forfeiture that has fallen to the crown.
DONE. Distinguished from "made." "A 'deed made' may no doubt mean an 'instru­ment made;' but a 'deed done' is not an 'in­strument done,'—it is an 'act done;' and therefore these words, 'made and done,' apply to acts, as well as deeds." Lord Brougham, 4 Bell, App. Oas. 38.
DONEE. In old English law. He to
whom lands were given; the party to whom a donatio was made.
In later law. He to whom lands or tene­ments are given in tail. Litt § 57.
In modern and American law. The
party executing a power; otherwise called the "appointer." 4 Kent, Comm. 316.
the Statute.
DONNEUR D'AVAL. In French law. Guarantor of negotiable paper other than by Indorsement
DONOR. In old English law. He by
whom lands were given to another; the par­ty making a donatio.
In later law. He who gives lands or ten­ements to another in tail. Litt § 57; Termes de la Ley.
In modern and American law. The par­ty conferring a power. 4 Kent Comm! 316.
DONUM. Lat In the civil law. A gift; a free gift Calvin. Distinguished from munus. Dig. 50, 16, 194.
DOOM. In Scotch law. Judicial sen­tence, or judgment The decision or sen­tence of a court orally pronounced by an officer called a "dempster" or "deemster." In modern usage, criminal sentences still end with the words "which is pronounced for doom."
DOOMSDAY-BOOK. See Domesday-Book.
DOOR. The place of usual entrance in a house, or into a room in the house. State v. McBeth, 49 Kan. 584, 31 Pac. 145.
DORMANT. Literally, sleeping; hence inactive; in abeyance; unknown; concealed*
—Dormant claim. One which is in abey­ance.—Dormant execution. One which a creditor delivers to the sheriff with directions to levy only, and not to sell, until further orders, or until a junior execution is received. -—Dormant judgment. One which has not been satisfied, nor extinguished by lapse of time, but which has remained so long unex­ecuted that execution cannot now be issued upon it without first reviving the judgment or one which has lost its hen on land from the failure to issue execution on it or take other steps to enforce it within the time limit­ed by statute. 1 Black, Judgm. (2d Ed.) § 462; Draper v. Nixon, 93 Ala. 436, 8 South. 489.—Dormant partner. See Pabtnebs.
Dormiunt aliquando leges, nunquam moriuntur. 2 Inst 161. The laws some­times sleep, never die.
DORSUM. Lat The back. In dorso recordi, on the back of the record. 5 Coke, 446.
DORTURE. (Contracted from dormiture.) A dormitory of a convent; a place to sleep in.
DOS. In Roman law. Dowry; a wife's marriage portion; all that property which on marriage is transferred by the wife her­self or by another to the husband with a view of diminishing the burden which the marriage will entail upon him. It is of three kinds. Profectitia dos is that which is deriv­ed from the property of the wife's father or paternal grandfather. That dos is termed adventitia which is not profectitia in respect to its source, whether it is given by the wife from her own estate or by the wife's mother or a third person. It is termed receptitia dos when accompanied by a stipulation for its reclamation by the constitutor on the termi­nation of the marriage. See Mackeld. Rom. Law, §§ 561, 563.
In old English law. The portion given to the wife by the husband at the church door, in consideration of the marriage; dow­er; the wife's portion out of her deceased husband's estate in case he had not endowed her.
—Dos rationabilis. A reasonable marriage portion. A reasonable part of her husband's


estate, to which every widow is entitled, of lands of which her husband may have endowed her on the day of marriage. Co. Litt. 336. Dower, at common law. 2 Bl. Oomm. 134.
Dos de dote peti non debet. Dower ought not to be demanded of dower. Co. Litt. 31; 4 Coke, 122 ft. A widow is not dow-able of lands assigned to another woman in dower. 1 Hill. Real Prop. 135.
Dos rationabilis vel legitima est cujus-libet mulieris de quocunque tenemento tertia pars omnium terramm et tene-mentorum, quae vir suus tenuit in do-minio suo ut de feodo, etc. Co. Litt. 336. Reasonable or legitimate dower belongs to every woman of a third part of all the lands and tenements of which her husband was seised in his demesne, as of fee, etc.
DOT. (A French word, adopted in Louisi­ana.) The fortune, portion, or dowry which a woman brings to her husband by the mar­riage.
DOTAGE. Dotage is that feebleness of the mental faculties which proceeds from old age. It is a diminution or decay of that in­tellectual power which was once possessed. It is the slow approach of death; of that irrevocable cessation, without hurt or dis­ease, of all the functions which once be­longed to the living animal. The external functions gradually cease; the senses waste away by degrees; and the mind is imper­ceptibly visited by decay. Owing's Case, 1 Bland (Md.) 389, 17 Am. Dec. 311.
DOTAL. Relating to the dos or portion of a woman ; constituting her portion; com­prised in her portion.
—Dotal property. In the civil law, in Louisi­ana, by this term is understood that propertv which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Extradotal property, otherwise called "paraphernal property," is that which forms no part of the dowry. Civ. Code La. art. 2335; Fleitas v. Richardson, 147 U. S. 550, 13 Sup. Ct. 495, 37 L. Ed. 276.
DOTALITIUM. In canon and feudal law. Dower. Spelman, voc. "Doarium;" Calvin. 2 Bl. Comni. 129. Used as early as A. D. 841.
DOTATION. The act of giving a dowry or portion; endowment in general, including the endowment of a hospital or other char­itable institution.
DOTE, ». In Spanish law. The marriage portion of a wife. White, New Recop. b. 1, tit 6, c. 1. The property which the wife gives to the husband on account of marriage, or for the purpose of supporting the matri­monial expenses. Id. b. 1, tit. 7, c. 1, § 1; Schm. Civil Law, 75; Cutter v. Wadding-ham, 22 Mo. 254; Hart Y. Burnett, 15 CaL 560.
DOTE, v. "To besot" is to stupefy, to make dull or senseless, to make to dote; and "to dote" is to be delirious, silly, or insane. Gates v. Meredith, 7 Ind. 441.
DOTE ASSIGNANDA. A writ which lay for a widow, when it was judicially as­certained that a tenant to the king was seis­ed of tenements in fee or fee-tail at the day of his death, and that he held of the king in chief. In such case the widow might come into chancery, and then make oath that she would not marry without the king's leave, and then she might have this writ. These widows were called the "king's wid--ows." Jacob; Holthouse.
DOTE UNDE NIHIL HABET. A writ which lies for a widow to whom no dower has been assigned. 3 Bl. Comm. 182. By 23 & 24 Vict. c. 126, an ordinary action commenced by writ of summons has taken its place; but it remains in force in the United States. Dower unde nihil habet (which title see.)
Doti lex favet; prsemium pudoris est; ideo parcatur. Co. Litt. 31. The law fa­vors dower; it is the reward of chastity; therefore let it be preserved.
DOTIS ADMINISTRATIO. Admeasure­ment of dower, where the widow holds more than her share, etc
DOTISSA. A dowager.
DOUBLE. Twofold; acting in two ca­pacities or having two aspects; multiplied by two. This term has ordinarily the same meaning in law as in popular speech. The principal compound terms into which it en­ters are noted below.
—Double adultery. Adultery committed by two persons each of whom is married to an­other as distinguished from "single" adultery. where one of the participants is unmarried. Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277.—Double avail of marriage. In Scotch law. Double the ordinary or single value of a marriage. Bell. See Duplex Valob Mabi-tagii.—Double bond. In Scotch law. A bond with a penalty, as distinguished from a single bond. 2 Karnes, Eq. 359—Double complaint, or double quarrel. In eccle­siastical law. A grievance made known by a clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause ecclesias­tical, as to give sentence, institute a clerk, etc. It is termed a "double complaint," because it is most commonly made against both the judge and him at whose suit justice is denied or de­layed ; the effect whereof is that the archbish­op, taking notice of the delay, directs his let­ters, under his authentical seal, to all clerks of his province, commanding them to admonish the ordinary, within a certain number of days, to do the justice required, or otherwise to ap­pear before him or his official, and there allege the cause of his delay* and t« signify to the ordinary that if he neither perform the thing enjoined, nor appear nor show cause against it, he himself, in his court of audience, will forthwith proceed to do the justice that is due.


Oowell.—Double costs. See Costs.—Dou­ble damages. See Damages.—Double ea­gle. A gold coin, of the United States of the ?atoe of twenty dollars.—Double entry. A system of mercantile book-keeping, in which the entries in the day-book, etc., are posted twice into the ledger. First, to a personal ac­count, that is, to the account of the person with whom the dealing to which any given en­try refers has taken place; secondly, to an im­personal account, as "goods." Mozley & Whit­ley.—Double fine. In old English law. A fine &ur done grant et render was called a "double fine," because it comprehended the fine sur cog­nizance de droit come ceo, etc., and the fine sur concessit. 2 Bl. Comm. 353—Double insur­ance is where divers insurances are made up­on the same interest in the same subject against the same risks in favor of the same assured, in proportions exceeding the value. 1 Phill. Ins. §§ 359, 366. A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest. Civ. Code Cal. § 2641; Wells v. In­surance Co., 9 Serg. & R. (Pa.) 107; Insurance Co. v. Gwathmey, 82 Va. 923, 1 S. E. 209; Perkins v. Insurance Co., 12 Mass. 218; Low­ell Mfg. Oo. v. Safeguard F. Ins. Co., 88 N. Y. 597.—Double plea, double pleading. See Duplicity ; Plea ; Pleading.—Double possibility. A possibility upon a possibility. 2 BL Comm. 170.—Double rent. In English law. Rent payable by a tenant who continues in possession after the time for which he has given notice to quit, until the time of his quit­ting possession. St. 11 Geo. II. c. 19.—Double taxation. The taxing of the same item or piece of property twice to the same person, or taxing it as the property of one person and Again as the property of another; but this does not include the imposition of different taxes concurrently on the same property (e. g., a city tax and a school tax), nor the taxation of the same piece of property to different persons when they hold different interests in it or when it represents different values in their hands, as when both the mortgagor and mortgagee of prop­erty are taxed in respect to their interests in it, or when a tax is laid upon the capital or prop­erty of a corporation and also upon the value of its shares of stock in the hands of the sep­arate stockholders. Cook v. Burlington, 59 Iowa, 251, 13 N. W. 113, 44 Am. Rep. 679; Cheshire County Tel. Co. v. State, 63 N. H. 167; Detroit Common Council v. Detroit As­sessors, 91 Mich. 78, 51 N. W. 787, 16 L. R. A. 59.—Double use. In patent law. An ap­plication of a principle or process, previously known and applied, to some new use, but which does not lead to a new result or the production of a new article. De Lamar v. De Lamar Min. Co. (C. C.) 110 Fed. 542; In re Blandy, 3 Fed. Gas. 671.—Double value. In English law. This is a penalty on a tenant holding over after his landlord's notice to quit. By 4 Geo. II. c. 28, § 1, it is enacted that if any ten­ant for life or years hold'over any lands, etc., after the determination of his estate, after de­mand made, and notice in writing given, for delivering the possession thereof, by the land­lord, or the person having the reversion or re­mainder therein, or his agent thereunto law­fully authorized, such tenant so holding over shall pay to the person so kept out of possession at the rate of double the yearly value of the lands, etc., so detained, for so long a time as the same are detained. See Woodf. Landl. & Ten. (12th Ed.) 717, et seq.—Double vouch­er. This was when a common recovery was had, and an estate of freehold was first con­veyed to any indifferent person against whom the pracipe was brought, and then he vouched the tenant in tail, who vouched over the com­mon vouchee. For, if a recovery were had im­mediately against a tenant in tail, it barred only the estate in the premises of which he was
then actually seised, whereas, if the recovery were had against another person, and the ten­ant in tail were vouchee, it barred every latent right and interest which he might have in the lands recovered. 2 Bl. Comm. 359.—Double waste. When a tenant bound to repair suf­fers a house to be wasted, and then unlawfully fells timber to repair it, he is said to commit double waste. Co. Litt. 53.—Double will. A will in which two persons join, each leaving his property and estate to the other, so that the survivor takes the whole. Evans v. Smith, 28 Ga. 98, 73 Am. Dec. 751.
DOUBLES. Letters-patent Cowell.
DOUBT. Uncertainty of mind; the ab­sence of a settled opinion or conviction; the attitude of mind towards the acceptance of or belief in a proposition, theory, or statement, in which the judgment is not at rest but inclines alternately to either side. Rowe v. Baber, 93 Ala. 422, 8 South. 865; Smith v. Railway Co., 143 Mo. 33, 44 S. W. 718; West Jersey Traction Co. v. Camden Horse R. Co., 52 N. J. Eq. 452, 29 Atl. 333.
Reasonable doubt. This is a term often used, probably pretty well understood, but not easily defined. It does not mean a mere possi­ble doubt, because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evi­dence, leaves the minds of jurors in that condi­tion that they cannot say they feel an abiding conviction to a moral certainty of the truth of the charge. Donnelly v. State, 26 N. J. Law, 601, 615. A reasonable doubt is deemed to ex­ist, within the rule that the jury should not convict unless satisfied beyond a reasonable doubt, when the evidence is not sufficient to sat­isfy the judgment of the truth of a proposition with such certainty that a prudent man would feel safe in acting upon it in his own important affairs. Arnold v. State, 23 Ind. 170. The burden of proof is upon the prosecutor. All the presumptions of law independent of evi­dence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable 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 be true than the contrary, but the evidence must establish the truth of the fact to a rea­sonable and moral certainty,—a certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. This is proof beyond reasonable doubt; because if the law, which mostly depends upon considera­tions of a moral nature, snould go further than this, and require absolute certainty, it would exclude circumstantial evidence altogether. Per Shaw, C J., in Com. v. Webster, 5 Cush. (Mass.) 320, 52 Am. Dec. 711. And see fur­ther, Tompkins v. Butterfield (O. C.) 25 Fed. 558; State v. Zdanowicz, 69 N. J. Law, 619, 55 Atl. 743; U. S. v. Youtsey (C. C.) 91 Fed. 868; State v. May, 172 Mo. 630, 72 S. W. 918; Com. v. Childs, 2 Pittsb. R. (Pa/) 400; State v. Hennessy, 55 Iowa, 300, 7 N. W. 641; Harris v. State, 155 Ind. 265. 58 N. E. 75; Knight v. State, 74 Miss. 140, 20 South. 860; Carleton v. State, 43 Neb. 373, 61 N. W. 699; State v. Reed, 62 Me. 129; State v. Ching Ling, 16 Or. 419, 18 Pac. 844; Stout v. State, 90 Ind. 1; Bradley v. State, 31 Ind. 505; Allen v. State, 111 Ala. 80, 20 South. 494; State v. Rover, 11


Nev. 344; Jonea t. State, 120 Ala. 303, 25 South. 204; Siberry v. State, 133 Ind. 677, 33 N. B. 681; Purkey v. State, 3 Heisk. (Tenn.) 28; U. S. v. Post (D. C.) 128 Fed. 957; U. S. v. Breese (D. C.) 131 Fed. 917.
DOUBTFUIi TITLE. One as to the va­lidity of which there exists some doubt, ei­ther as to matter of fact or of law; one which invites or exposes the party holding it to litigation. Distinguished from a "mar­ketable" title, which is of such a character that the courts will compel its acceptance by a purchaser who has agreed to buy the prop­erty or has bid it in at public sale. Herman v. Somers, 158 Pa. 424, 27 Atl. 1050, 38 Am. St Rep. 851.
DOTTN. L. Fr. A gift Otherwise writ­ten "don" and "done" The thirty-fourth chapter of Britton is entitled "De Douns."
DOVE. Doves are animals ferce natures, and not the subject of larceny unless they are in the owner's custody; as, for example, in a dove-house, or when in the nest before they can fly. Com. v. Chace, 9 Pick. (Mass.) 15, 19 Am. Dec. 348; Ruckman v. Outwater, 28 N. J. Law, 581.
DOW ABLE. Subject to be charged with dower; as dowable lands.
Entitled or entitling to dower. Thus, a dowable interest in lands is such as entitles the owner to have such lands charged with dower.
DOWAGER. A widow who is endowed, or who has a jointure in lieu of dower. In England, this is a title or addition given to the widows of princes, dukes, earls, and other noblemen, to distinguish fnern from the wives of the heirs, who have right to bear the title.
1 Bl. Comm. 224.
—Dowager-queen. The widow of the king. As such she enjoys most of the privileges be­longing to her as queen consort It is not treason to conspire her death or violate her chastity, because the succession to the crown is not thereby endangered. No man, however, can marry her without a special license from the sovereign, on pain of forfeiting his lands or goods. 1 Bl. Comm. 233.
DOWER. The provision wBich the law makes for a widow out of the lands or tene­ments of her husband, for her support and the nurture of her children. Co. Litt. 30a/
2 Bl. Comm. 130; 4 Kent, Comm. 35; J.
Washb. Real Prop. 146; Chapin v. Hill, 1
R. I. 452; Hill v. Mitchell, 5 Ark. 610; Smith
v. Hines, 10 Fla. 258; Hoy v. Varner, 100 Va.
600, 42 S. E. 690.
Dower is an estate for the life of the wid­ow in a certain portion of the following real estate of her husband, to which she has not relinquished her right during the marriage: (1) Of all lands of which the husband was seised in fee during the marriage; (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 equity, having paid all the purchase money therefor. Code Ala. 1886, § 1892.
The term, both technically and in popular acceptation, has reference to real estate ex­clusively.
"Dower," in modern use, is and should be dis­tinguished from "dowry." The former is a provision for a widow on her husband's death; the latter is a bride's portion on her marriage. Wendler v. Lambeth, 163 Mo. 428, 63 S. W. 684.
—Dower ad ostium ecclesise. Dower at the church door or porch. An ancient kind of dow­er in England, where a man, (being tenant in fee-simple, of full age,) openly at the church door, where all marriages were formerly cele­brated, after affiance made and troth plighted between them, endowed his wife with the whole of his lands, or such quantity as he pleased, at the same time specifying and ascertaining the same. Litt. § 39; 2 Bl. Comm. 133.—Dower by the common law. The ordinary kind of dower in English and American law, consisting of a life interest in one-third of the lands or which the husband was seised in fee at any time during the coverture. Litt § 36; 2 Bl. Comm. 132; 2 Steph. Comm. 302; 4 Kent, Comm. 35. —Dower by custom. A kind of dower in England, regulated by custom, where the quan­tity allowed the wife differed from the propor­tion of the common law; as that the wife should have half the husband's lands; or, in some places, the whole; and, in some, only a quarter. 2 Bl. Comm. 132; Litt. § 37.—Dow­er de la plnis belle. L. Fr. Dower of the fairest [part.] A species of ancient English. dower, incident to the old tenures, where there was a guardian in chivalry, and the wife occu­pied lands of the heir as guardian in socage. If the wife brought a writ of dower against such guardian in chivalry, he might show this mat­ter, and pray that the wife might be endowed de la pluis belle of the tenement in socage. Litt. § 48. This kind of dower was abolished with the military tenures. 2 Bl. Comm. 132. —Dower ex assensn patris. Dower by the father's assent. A species of dower ad ostium eccleske, made when the husband's father was alive, and the son, by his consent expressly giv­en, endowed his wife with parcel of his father's lands. Litt. § 40; 2 Bl. Comm. 133; Grogan v. Garrison, 27 Ohio St 61.—Dower nnde nihil habet. A writ of right which lay for a widow to whom no dower had been assigned.
DOWXE STONES. Stones dividing lands, etc. Cowell.
DOWMENT. In old English law. En­dowment; dower. Grogan v. Garrison, 27 Ohio St. 61.
DOWRESS. A woman entitled to dow­er; a tenant in dower. 2 P. Wms. 707.
DOWRY. The property which a woman brings to her husband in marriage; now more commonly called a "portion."
By dowry is meant the effects which the wife brings to the husband to support the expenses of marriage. Civil Code La. art 2337.
This word expresses the proper meaning of the "dos" of the Roman, the "dot" of the French, and the "dote" of the Spanish, law, but is a very different thing from "dower,"


with which It has sometimes been con­founded.
By dowry, in the Louisiana Civil ~Code, is meant the effects which the wife brings to the husband to support the expenses of marriage. It is givea to the husband, to be enjoyed by him bo long as the marriage shall last, and the in­come of it belongs to him. He alone has the Administration of it during marriage, and his wife cannot deprive him of it. The real estate settled as dowry is inalienable during marriage, unless the marriage contract contains a stipula­tion to the contrary. De Young v. De Young, 6 La. Ann. 786.
DOZEIN. L. Fr. Twelve; a person twelve years of age. St, 18 Edw. II.; Bar­ring. Ob. St. 208.
DOZEN PEEKS. Twelve peers assem­bled at the instance of the barons, in the reign of Henry III., to be privy counselors, or rather conservators of the kingdom.
DR. An abbreviation for "doctor;" al­so, in commercial usage, for "debtor," in­dicating the items or particulars in a bill or in an account-book chargeable against the person to whom the bill is rendered or In whose name the account stands, as op­posed to "Cr." ("credit" or "creditor"), which indicates the items for which he is given credit. Jaqua v. Shewalter, 10 Ind. App. 234, 37 N. E. 1072.
DRACHMA. A term employed in old pleadings and records, to denote a groat. Townsh. PI. 180.
An Athenian silver coin, of the value of about fifteen cents.
DRACO REGIS. The standard, ensign, or military colors borne in war by the an­cient kings of England, having the figure of a dragon painted thereon.
DRACONIAN LAWS. A code of laws prepared by Draco, the celebrated lawgiver of Athens. These laws were exceedingly severe, and the term is now sometimes ap­plied to any laws of unusual harshness.
DRAFT. The common term for a bill of exchange; as being drawn by one person on another. Hinnemann v. Rosenback, 39 N. Y. 100; Douglass v. Wilkeson, 6 Wend. (N. Y.) 643.
An order for the payment of money drawn by one person on another. It is said to be a nomen generalissimum, and to include all such orders. Wildes v. Savage, 1 Story, 30, 29 Fed. Cas. 1226; State v. Warner, 60 Kan. 94, 55 Pac. 342.
Draft also signifies a tentative, provision­al, or preparatory writing out of any docu­ment (as a will, contract, lease, etc.) for purposes of discussion and correction, and which is afterwards to be copied out In its final shape
Also a small arbitrary deduction or al-
lowance made to a merchant or Importer, In the case of goods sold by weight or tax­able by weight, to cover possible loss of weight in handling or from differences in scales. Marriott v. Brune, 9 How. 633, 13 L. Ed. 282; Seeberger v. Mfg. Co., 157 U. S. 183, 15 Sup. Ct. 583, 39 L. Ed. 665; Na­pier v. Barney, 17 Fed. Cas. 1149.
DRAFTSMAN. Any one who draws or frames a legal document, e. g., a will, con­veyance, pleading, etc.
DRAGOMAN. An interpreter employed In the east, and particularly at the Turkish court.
DRAIN, v. To make dry; to draw off water; to rid land of its superfluous mois­ture by adapting or improving natural wa­tercourses and supplementing them, when necessary, by artificial ditches. People v. Parks, 58 Cal. 639.
DRAIN, n. A trench or ditch to convey water from wet land; a channel through which water may flow off.
The word has no technical legal meaning. Any hollow space in the ground, natural or ar­tificial, where water is collected and passes off, is a ditch or drain. Goldthwait v. East Bridge-water, 5 Gray (Mass) 61.
The word "drain" also sometimes denotes the easement or servitude (acquired by grant or prescription) which consists in the right to drain water through another's land. See 3- Kent, Comm. 436.
DRAM. In common parlance, this term means a drink of some substance containing alcohol, something which can produce in­toxication. Lacy v. State, 32 Tex. 228.
—Dram-shop. A drinking saloon, where liq­uors are sold to be drunk on the premises. Wright v. People, 101 111. 129; Brockway v. State, 36 Ark. 636; Com. y. Marzynski, 149 Mass. 68, 21 N. E. 228.
DRAMATIC COMPOSITION. In copy­right law. A literary work setting forth a storv, incident, or scene from life, in which, however, the narrative is not related, but is represented by a dialogue and action; may Include a descriptive poem set to music, or a pantomine, but not a composition for mu­sical instruments alone, nor a mere spectacu­lar exhibition or stage dance. Daly v. Palm-ej, 6 Fed. Cas. 1132; Carte v. Duff (C. O.) 25 Fed. 183; Tompkins v. Halleck, 133 Mass. 35, 43 Am. Rep. 480; Russell v. Smith, 12 Adol. & El. 236; Martinetti v. McGuire, 16 Fed. Cas. 920; Fuller v. Bemis (C. C.) 50 Fed. 926.
DRAW, n. 1. A movable section of a bridge, which may be raised up or turned to one side, so as to admit the passage of vessels. Gildersleeve v. Railroad Co. (D. C.) 82 Fed. 766; Hughes v. Railroad Co.


(C. C.) 18 Fed. 114; Railroad Co. v. Daniels, 90 Ga. 608, 17 S. E. 647.
2. A depression in the surface of the earth, in the nature of a shallow ravine or gulch, sometimes many miles in length, forming a channel for the escape of rain and melting snow draining into it from ei­ther side. Railroad Co. v. Sutherland, 44 Neb. 526, 62 N. W. 859.
DRAW, V. In old criminal practice.
To drag (on a hurdle) to the place of exe­cution. Anciently no hurdle was allowed, but the criminal was actually dragged along the road to the place of execution. A part of the ancient punishment of traitors was the being thus drawn. 4 Bl. Comm. 92, 377.
In mercantile law. To draw a bill of exchange is to write (or cause it to be writ­ten) and sign it
In pleading, conveyancing, etc. To
prepare a draft; to compose and write out in due form, as, a deed, complaint, petition, memorial, etc. Winnebago County State Bank v. Hustel, 119 Iowa, 115, 93 N. W. 70; Hawkins v. State, 28 Fla. 363, 9 South. 652.
In practice. To draw a jury is to select the persons who are to compose it, either by taking their names successively, but at haz­ard, from the jury box, or by summoning them individually to attend the court. Smith v. State, 136 Ala. 1, 34 South. 168.
In fiscal law and administration. To
take out money from a bank, treasury, or other depository in the exercise of a lawful right and in a lawful manner. "No money shall be drawn from the treasury but in consequence of appropriations made by law." Const. U. S. art. 1, § 9. But to "draw a war­rant" is not to draw the money; it is to make or execute the instrument which au­thorizes the drawing of the money. Brown v. Fleischner, 4 Or. 149.
DRAWBACK. In the customs laws, this term denotes an allowance made by the gov­ernment upon the duties due on imported merchandise when the importer, instead of selling it here, re-exports it; or the refund­ing of such duties if already paid. This al­lowance amounts, in some cases, to the whole of the original duties; in others, to a part only.
A drawback is a device resorted to for en­abling a commodity affected by taxes to be ex­ported and sold in the foreign market on the same terms as if it had not been taxed at all. It differs in this from a bounty, that the latter enables a commodity to be sold for less than its natural cost, whereas a drawback enables it to be sold exactly at its natural cost. Downs v. U. S., 113 Fed. 144, 51 C. C. A. 100.
DRAWEE. A person to whom a bill of exchange is addressed, and who is request­ed to pay the amount of money therein mentioned.
DRAWER. The person making a bill of exchange and addressing it to the drawee. Stevenson v. Walton, 2 Smedes & M. (Miss.) 265; Winnebago County State Bank v. Hus­tel, 119 Iowa, 115, 93 N. W. 70.
DRAWING. In patent law. A repre­sentation of the appearance of material ob­jects by means of lines and marks upon pa­per, card-board, or other substance. Ampt v. Cincinnati, 8 Ohio Dec. 628.
DRAWXATCHES. Thieves; robbers. Cowell.
DRAYAGE. A charge for the transpor­tation of property in wheeled vehicles, such as drays, wagons, and carts. Soule v. San Francisco Gaslight Co., 54 Cal. 242.
DREIT-DREIT. Droit-droit. Double right. A union of the right of possession and the right of property. 2 Bl. Comm. 199.
DRENCHES, or DRENGES. In Saxon law. Tenants in capite. They are said to be such as, at the coming of William the Conqueror, being put out of their estates, were afterwards restored to them, on their making it appear that they were the true owners thereof, and neither in auxilio or consilio against him. Spelman.
DRENGAGE. The tenure by which the drenches, or drenges, held their lands.
DRIFT. In mining law. An under­ground passage driven horizontally along the course of a mineralized vein or approxi­mately so. Distinguished from "shaft," which is an opening made at the surface and extending downward into the earth vertically, or nearly so, upon the vein or in­tended to reach it; and from "tunnel," which is a lateral or horizontal passage un­derground intended to reach the vein or min­eral deposit, where drifting may begin. Jur-genson v. Duller, 114 Cal. 491, 46 Pac 610, 55 Am. St. Rep. 83.
In old English law. A driving, especial­ly of cattle.
—Driftland, drofland, or dryfland. A
Saxon word, signifying a tribute or yearly pay­ment made by some tenants to the king, or their landlords, for driving their cattle through a manor to fairs or markets. Cowell.—Drifts of the forest. A view or examination of what cattle are in a forest, chase, etc., that it may be known whether it be surcharged or not; and whose the beasts are, and whether they are com­monable. These drifts are made at certain times in the year by the officers of the forest, when all cattle are driven into some pound or place inclosed, for the before-mentioned pur­poses, and also to discover whether any cattle of strangers be there, which ought not to com­mon. Manwood, p. 2, c. 15.—Driftway. A road or way over which cattle are driven. 1 Taunt. 279. Smith v. Ladd, 41 Me. 314.
DRIFT-STUFF, This term signifies, not goods which are the subject of salvage, but


matters floating at random, without any known or discoverable ownership, which, if cast ashore, will probably never be reclaim­ed, but will, as a matter of course, accrue to the riparian proprietor. Watson v. Knowles, 13 R. I. 641.
DRINCLEAN. Sax. A contribution of tenants, In the time of the Saxons, towards a potation, or ale, provided to entertain the lord, or his steward. Cowell. See Ceb-visaeii.
DRINKING-SHOP. A place where In­toxicating liquors are sold, bartered, or de­livered to be drunk on the premises. Port­land v. Schmidt, 13 Or. 17, 6 Pac. 221.
DRIP. A species of easement or servi­tude obligating one man to permit the wa­ter falling from another man's house to fall upon his own land. 3 Kent, Comm. 436.
DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. See Davis v. Petrinovich, 112 Ala. 654, 21 South. 344, 36 L. R. A. 615; Gen. St Conn. 1902, § 2038; Isaacs v. Rail­road Co., 47 N. Y. 122, 7 Am. Rep. 418.
DROFDEN, or DROFDENNE. A grove or woody place where cattle are kept. Jacob.
DROIXAND. Sax. A quit rent, or year­ly payment, formerly made by some tenants to the king, or their landlords, for driving tfifif cattle through a manor to fairs or jgipets. Cowell; Blount.
DROIT. In French law. Right, jus­tice, equity, law, the whole body of law; al­so a right.
This term exhibits the same ambiguity which is discoverable in the German equiv­alent, "recht" and the English w,ord "right." On the one hand, these terms answer to the Roman "jus," and thus Indicate law In the abstract, considered as' the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content. Taken in this abstract sense, the terms may be adjectives, in which case they are equivalent to "just," or nouns, in which case they may be paraphrased by the expressions "justice," "morality," or "equity." On the other hand, they serve to point out a right; that is, a power, priv­ilege, faculty, or demand, inherent In one person, and incident upon another. In the latter signification, droit (or recht or right) is the correlative of "duty" or "obligation." In the former, sense, it may be considered as opposed to wrong, injustice, or the absence of law. Droit has the further ambiguity that it Is sometimes used to denote the exist-
ing body of law considered as one whole, or the sum total of a number of individual law* taken together. See Jus; Recht; Right.
-—Droit d'accession. That property which is acquired by making a new species out of the material of another. It is equivalent to the Roman "specificatio."—Droit d'anbaine. A rule by which all the property of a deceased foreigner, whether movable or immovable, was confiscated to the use of the state, to the ex­clusion of his heirs, whether claiming ab intes-tato or under a will of the deceased. Finally abolished in 1819. Opel v. Shoup, 100 Iowa, 407, 69 N. W. 560, 37 L. R. A. 583.—Droit d'execntion. The right of a stockbroker to sell the securities bought by him for account of a client, if the latter does not accept delivery thereof. The same expression is also applied to the sale by a stockbroker of securities de­posited with him by his client, in order to guaranty the payment of operations for which the latter has given instructions. Arg- Fr. Merc. Law, 557.—Droit de bris. A right formerly claimed by the lords of the coasts of certain parts of France, to shipwrecks, by which not only the property, but the persons of those who were cast away, were confiscated for the prince who waa lord of the coast. Oth­erwise called "droit de bris sur le naufrage." This right prevailed chiefly in Bretagne, and was solemnly abrogated by Henry III. as duke of Normandy, Aquitaine, and Guienne, in a charter granted A. D. 1226, preserved among the rolls at Bordeaux.—Droit de garde. In French feudal law. Right of ward. The guardianship of the estate and person of a noble vassal, to which the king, during his mi­nority, was entitled. Steph. Lect. 250.—Droit de gite. In French feudal law. The duty in­cumbent on a roturier, holding lands within the royal domain, of supplying board and lodg­ing to the king and to his suite while on a royal progress. Steph. Lect. 351.—Droit de greffe. In old French law. The right of sell­ing various offices connected with the custody of judicial records or notarial acts. Steph. Lect. 354. A privilege of the French kings. —Droit de maitrise. In old French law. A charge payable to the crown by any one who, after having served his apprenticeship in any commercial guild or brotherhood, sought to be­come a master workman in it on his own ac­count. Steph. Lect. 354.—Droit de prise. In French feudal law. The duty (incumbent on a rotwrier) of supplying to the king on cred­it, during a certain period, such articles of domestic consumption as might be required for the royal household. Steph. Lect 351.—Droit de quint. In French feudal law. A relief payable by a noble vassal to the king as his seigneur, on every change in the ownership of his fief. Steph. Lect. 350.—Droit de suite. The right of a creditor to pursue the debtor's property into the hands of third persons for the enforcement of his claim.—Droits civils. This phrase in French law denotes private rights, the exercise of which is independent of the status (qualit€) of citizen. Foreigners enjoy them; and the extent of that enjoyment is determined by the principle of reciprocity. Conversely, foreigners may be sued on contracts made by them in France. Brown.—Droit ecrit. In French law. (The written law.) The Roman civil law, or Corpus Juris Civilis. Steph. Lect. 130.—Droit international. In­ternational law.—Droit maritime. Maritime law.
In old English law. Law; right; a writ of right. Co. Litt 1586.
—Autre droit. The right of another.—Droit-elose. An ancient writ, directed to the lord of ancient demesne on behalf of those of his tenants who held their lands and tenements by charter in fee-simple, in fee-tail, for life, or In


dower. Fitzh. Nat Brev. 23.—Droit common.
The common law. Litt. § 213 ; Co. Litt.. 142a. —Droit-droit. A double right; that is, the right of possession and the right of property. These two rights were, by the theory of our ancient law, distinct; and the above phrase was used to indicate the concurrence of both in one person, which concurrence was neces­sary to constitute a complete title to land. Mozley & Whitley.—Droits of admiralty. Rights or perquisites of the admiralty. A term applied to goods found derelict at sea. Ap­plied also to property captured in time of war by non-commissioned vessels of a belligerent nation. 1 Kent, Comm. 96.
Droit ne done plnis que soit de-
mannde. The law gives not more than is demanded. 2 Inst. 286.
Droit ne poet pas morier. Right can­not die. Jenk. Cent. 100, case 95.
DROITURAL. What belongs of right; relating to right; as real actions are either droitural or possessory,—droitural when the plaintiff seeks to recover the property. Finch, Law, 257.
DA. These were at first high ships of great burden, but afterwards those which we now call "men-of-war." Jacob.
DROP. In English practice. When the members of a court are equally divided on the argument showing cause against a rule nisi, no order is made, i. e., the rule is nei­ther discharged nor made absolute, and the rule is said to drop. In practice, there be­ing a right to appeal, It has been usual to make an order in one way, the junior judge withdrawing his judgment. Wharton.
DROP-IiETTER. A letter addressed for delivery in the same city or district In which It is posted.
DROVE. A number of animals collected and driven together in a body; a flock or herd of cattle in process of being driven; indefinite as to number, but including at least several. Caldwell v. State, 2 Tex. App. 54; McConvill v. Jersey City, 39 N. J. Law, 43.
—Drove-road. In Scotch law. A road for driving cattle. 7 Bell. App. Cas. 43, 53, 57. A drift-road. Lord Brougham, Id.—Drove-stance. In Scotch law. A place adjoining a drove-road, for resting and refreshing sheep and cattle on their journey. 7 Bell, App. Cas. 53, 57.—Drover's pass. A free pass given by a railroad company, accepting a drove of cat­tle fo» transportation, to the drover who ac­companies and cares for the cattle on the train. Railroad Co. v. Tanner, 100 Va. 379, 41 S. E. 721; Railway Co. v. Ivy, 71 Tex. 409, 9 S. W. 346, 1 L. R. A. 500, 10 Am. St. Rep. 75&
DROWN. To merge or sink. "In some cases a right of freehold shall droxon In a chattel.** Co. Litt 266a, 321a.
DRU. A thicket of wood in a valley. Domesday.
DRUG. The general name of substances used in medicine; any substance, vegetable, animal, or mineral, used in the composition or preparation of medicines. The term Is also applied to materials used in dyeing and in chemistry. See Collins v. Banking Co., 79 N. C. 281, 28 Am. Rep. 322; U. S. v. Merck, 66 Fed. 251, 13 C. C. A. 432; Cowl v. U. S. (C. C.) 124 Fed. 475; Insurance Co. v. Flem-ming, 65 Ark. 54, 44 S. W. 464, 39 L. R. A. 789, 67 Am. St Rep. 900; Gault v. State, 34 Ga 533.
DRUGGIST. A dealer In drugs; one whose business is to sell drugs and medi­cines. In strict usage, this term is to be distinguished from "apothecary." A drug­gist deals in the uncompounded medicinal substances; the business of an apothecary is to mix and compound them. But in Amer­ica the two words are used interchangeably, as the same persons usually discharge both functions. State v. Holmes, 28/La. Ann. 767, 26 Am. Rep. 110; Hainline v. Com., 13 Bush (Ky.) 352; State v. Donaldson, 41 Minn. 74, 42 N. W. 781.
DRUMMER. A term applied to commer­cial agents who travel for wholesale mer­chants and supply the retail trade with goods, or take orders for goods to be ship­ped to the retail dealer. Bobbins v. Shelby County Taxing Dist, 120 U. S. 489, 7 Sup. Ct. 592, 30 L. Ed. 694; Singleton v. Fritsch, 4 Lea (Tenn.) 96; Thomas v. Hot Springs, 34 Ark. 557, 36 Am. Rep. 24; Strain v. Chi­cago Portrait Co. (C. C.) 126 Fed. 835.
DRUNGARIUS. In old European law. The commander of a drungus, or band of soldiers. Applied also to a naval command­er. Spelman.
DRUNGUS. In old European law. A band of soldiers, (globus militum.) Spelman.
DRUNK. A person is "drunk" when he Is so far under the influence of liquor that his passions are visibly excited or his judg­ment Impaired, or when his brain is so far affected by potations of liquor that his in­telligence, sense-perceptions, judgment, con­tinuity of thought or of ideas, speech, and co-ordination of volition with muscular ac­tion (or some of these faculties or process­es) are impaired or not under normal con­trol. State v. Pierce, 65 Iowa, 85, 21 N. W. 195; Elkin v. Buschner (Pa.) 16 Atl. 104; Sapp v. State, 116 Ga. 182, 42 S. E. 411; Ring v. Ring, 112 Ga. 854, 38 S. E. 330; State v. Savage, 89 Ala. 1, 7 South. 183, 7 L. R. A. 426; Lewis v. Jones, 50 Barb. (N. T.) 667.
DRUNKARD. He is a drunkard whose habit it is to get drunk; whose ebriety has


become habitual. The terms "drunkard" and "habitual drunkard" mean the same thing. Com. v. Whitney, 5 Gray (Mass.) 85; Gourlay v. Gourlay, 16 R. I. 705, 19 Atl. 142.
A "common" drunkard is defined by statute in some states as a person who has been con­victed of drunkenness (or proved to have been drunk) a certain number of times within a limited period. State v. Kelly, 12 R. I. 535; State v. Flynn, 16 R. I. 10, 11 Atl. 170. Else­where the word "common" in this connection is understood as being equivalent to "habitual," (State v. Savage, 89 Ala. 1, 7 South. 183, 7 L. R. A. 426; Com. v. McNamee, 112 Mass. 286; State v. Ryan, 70 Wis. 676, 36 N. W. 823;) or perhaps as synonymous with "public," (Com. v. Whitney, 5 Gray [Mass.] 86.)
DRUNKENNESS. . In medical jurispru­dence. The condition of a man whose mind is affected by the immediate use of intoxi­cating drinks; the state of one who is "drunk." See Drunk.
DRY. In the vernacular, this term means desiccated or free from moisture; but, in legal use, it signifies formal or nom­inal, without imposing any duty or respon­sibility, or unfruitful, without bringing any profit or advantage.
—Dry exchange. See Exchange.—Dry mortgage. One which creates a lien on land for the payment of money, but does not impose any personal liability upon the mortgagor, col­lateral to or over and above the value of the premises. Frowenfeld v. Hastings, 134 Cal. 128, 66 Pac. 178.—Dry-multures. In Scotch law. Corn paid to the owner of a mill, wheth­er the payers grind or not—Dry rent. Rent-seek; a rent reserved without a clause of dis­tress.—Dry trust. A passive trust; one which requires no action on the part of the trustee beyond turning over money or property to the cestui que trust. Bradford v. Robinson, 7 Houst. (Del.) 29, 30 Atl. 670; Cornwell v. Wulff, 148 Mo. 542, 50 S. W. 439, 45 L. R. A. 53.—Dry weight. In tariff laws, this term does not mean the weight of an article after desiccation in a kiln, but its air-dry weight as understood in commerce. U. S. v. Perkins, 66 Fed. 50. 13 O. C. A. 324.
DRY-CR.2BFT. Witchcraft; magic. Anc. Inst. Eng.
DUARCHY. A form of government where two reign jointly.
Duas uxores eodem tempore habere mon licet. It is not lawful to have two wives at the same time. Inst. 1, 10, 6; 1 Bl. Comm. 43a
DUBITANS. Doubting. Dobbin, J„ dubitans. 1 Show. 364.
DUBITANTE. Doubting. Is affixed to the name of a judge, in the reports, to signi­fy that he doubted the decision rendered.
DUBITATUR. It is doubted. A word frequently used in the reports to indicate that a point is considered doubtful.
DUBITAVIT. Doubted. Vaughan, G J., dubitavit. Freem. 150.
DUCAT. A foreign coin, varying in value in different countries, but usually worth about $2.26 of our money.
DUCATUS. In feudal and old English law. A duchy, the dignity or territory of a duke.
DUCES TECUM. (Lat. Bring with you.) The name of certain species of writs, of which the subpoena duces tecum is the most usual, requiring a party who is summoned to appear in court to bring with him some doc­ument, piece of evidence, or other thing to be used or inspected by the court
(Bring with you, although sick.) In practice. An ancient writ, now obsolete, directed to the sheriff, upon a return that he could not bring his prisoner without danger of death, he being adeo languidus, (so sick;) where­upon the court granted a habeas corpus in the nature of a duces tecum licet languidus. Cowell; Blount.
DUCHY OP LANCASTER. Those lands which formerly belonged to the dukes of Lancaster, and now belong to the crown in right of the duchy. The duchy is distinct from the county palatine of Lancaster, and Includes not only the county, but also much territory at a distance from it, especially the Savoy in London and some land near West­minster. 3 Bl. Comm. 78.
—Duchy court of Lancaster. A tribunal of special jurisdiction, held before the chan­cellor of the duchy, or his deputy, concerning all matters of equity relating to lands holden of the crown in right of the duchy of Lancas­ter; which is a thing very distinct from the county palatine, (which has also its separate chancery, for sealing of writs, and the like,) and comprises much territory which lies at a vast distance from it; as particularly a very large district surrounded by the city of West­minster. The proceedings in this court are the same as were those on the equity side of the court of chancery, so that it seems not to be a court of record; and, indeed, it has been holden that the court of chancery has a concurrent jurisdiction with the duchy court, and may take cognizance of the same causes. The ap­peal from this court lies to the court of appeal. Jud. Act 1873, § 18; 3 Bl. Comm. 78.
DUCKING-STOOL. See Castigatoby.
DUCROIRE. In French law. Guaran­ty ; equivalent to del credere, (which see.)
DUE. 1. Just; proper; regular; lawful; sufficient; as in the phrases "due care,* "due process of law," "due notice."
2.Owing; payable; justly owed. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done.
3.Owed, or owing, as distinguished from payable. A debt is often said to be due from

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a person where he is the party owing it, or primarily bound to pay, whether the time for payment has or has not arrived.
4. Payable. A bill or note is commonly said to be due when the time for payment of it has arrived.
The word "due" always imports a fixed and settled obligation or liability, but with refer­ence to the time for its payment there is con­siderable ambiguity in the use of the term, as will appear from the foregoing definitions, the precise signification being determined in each case from the context. It may mean that the debt or claim in question is now (presently or immediately) matured and enforceable, or that it matured at some time in the past and yet remains unsatisfied, or that it is fixed and cer­tain but the day appointed for its payment has not yet arrived. But commonly, and in the absence of any qualifying expressions, the word "due" is restricted to the first of these meanings, the second being expressed by the term "overdue," and the third by the word "payable." See Feeser v. Feeser, 93 Md. 716, 50 Atl. 406; Ames v. Ames, 128 Mass. 277; Van Hook v. Walton, 28 Tex. 75; Leggett V. Bank, 24 N. T. 28G; Scudder v. Scudder. 10 N. J. Law, 345; Barnes v. Arnold, 45 App. Div. 314, 61 N. Y. Supp. 85; Yocum v. Allen, 58 Ohio St. 280, 50 N. E. 909; Gies v. Becht-ner, 12 Minn. 284 (Gil 183); Marstiller v. Ward, 52 W. Va. 74, 43 S. E. 178.
—Due care. Just, proper, and sufficient care, so far as the circumstances demand it; tht. absence of negligence. This term, as usually understood in cases where the gist of the ac­tion is the defendant's negligence, implies not only that a party has not been negligent or careless, but that he has been guilty of no violation of law in relation to the subject-matter or transaction which constitutes the cause of action. Evidence that 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 these and similar actions the aver­ment in the declaration of the use of due care and the denial of it in the answer, properly and distinctly put in issue the legality of the con­duct of the party as contributing to the acci­dent or injury which forms the groundwork of the action, No specific averment of the par­ticular unlawful act which caused or contrib­uted to produce the result complained of should, in such cases, be deemed necessary. See Ryan v. Bristol, 63 Conn. 26, 27 Atl. 309; Paden v. Van Blarcom, 100 Mo. App 185, 74 S. W. 124; Joyner v. Railway Co., 26 S. C. 49, 1 S. E. 52; Nicholas v. Peck, 21 R. I. 404, 43 Atl 1038; Railroad Co. v. Yorty, 158 111. 321, 42 N. E 64;' Schmidt v. Sinnott, 103 111. 165; Butterfield v. Western R. Corp., 10 Allen (Mass.) 532, 87 Am. Dec. 678; Jones v. An-dover, 10 Allen (Mass.) 20—Due course of law. This phrase is synonymous with "due process of law," or "the law of the land," and the general definition thereof is "law in its regular course of administration through courts of justice;" and, while not always necessarily confined to judicial proceedings, yet these words have such a signification, when used to desig­nate the kind of an eviction, or ouster, from real estate by which a party is dispossessed, as to preclude thereunder proof of a construc­tive eviction resulting from the purchase of a paramount title when hostilely asserted by the party holding it. See Adler v. Whitbeck, 44 Ohio St. 569, 9 N. E 672; In re Dorsey, 7 Port. (Ala.) 404; Backus v. Shipherd, 11 Wend. (N. Y.) 635; Dwight v. Williams, 8 Fed. Cas. 187—Due notice. No fixed rule can be established as to what shall constitute "due notice." "Due" is a relative term, and must be applied to each case in the exercise 6f the discretion of the court in view of the
Bl.Law Dict.(2d Ed.)—26
particular circumstances. Lawrence v. Bow­man, 1 McAll. 420, 15 Fed. Cas. 21; Slattery v. Doyle, 180 Mass. 27, 61 N. E. 264; Wilde v. Wilde, 2 Nev. 306.—Due process of law.
Law in its regular course of administration through courts of justice. 3 Story, Const. 264, 661. "Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under* such safe­guards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs." Cooley, Const. Lim. 441. Whatever difficulty may be experienced in giving to those terms a definition which will embrace every permissible exertion of power affecting private rights, and exclude such as is forbidden, there can be "no doubt of their meaning when applied to judi­cial proceedings. They then mean a course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must be a tri­bunal competent by its constitution—that is, by the law of its creation—to pass upon the sub­ject-matter of the suit; and, if that involves merely a determination of the personal liability of the defendant, he must be brought within its jurisdiction by service of process within the state, or his voluntary appearance. Pennoyer v. Neff, 95 U. S. 733, 24 L. Ed. 565. Due pro­cess of law implies the right of the person af­fected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most com­prehensive 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 question of fact or liability be conclu­sively presumed against him, this is not due process of law. Zeigler v. Railroad Co., 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 legislature to amend or repeal the law. They refer to certain funda­mental rights, which that system of jurispru­dence, of which ours is a derivative, has always recognized. Brown v. Levee Com'rs, 50 Miss. 468 "Due process of law," as used in the con­stitution, cannot mean less than a prosecution or suit instituted and conducted according to the prescribed forms and solemnities for as­certaining guilt, or determining the title to property. Embury v. Conner, 3 N. Y. 511, 517, 53 Am. Dec. .325; Taylor v. Porter, 4 Hill (N. Y.) 140, 40 Am. Dec. 274; Burch v. New­bury, 10 N. Y. 374, 397. And see, generally, Davidson v. New Orleans, 96 U. S. 104, 24 L. Ed. 616; Adler v. Whitbeck,' 44 Ohio St 539; Duncan v Missouri. 152 U. S. 377, 14 Sup. Ct. 571, 38 L. Ed 485; Cantini v. Tillman (C. C.) 54 Fed. 975; Griffin V. Mixon, 38 Miss. 458; East Kingston v. Towle. 48 N. H. 57, 97 Am. Dec. 575, 2 Am Rep. 174; Hallenbeck v. Hahn, 2 Neb. 377; Stuart v. Palmer, 74 N. Y. 191, 30 Am. Rep. 289; Bailey v. People, 190 111. 28, 60 N. E 98, 54 L. R. A. 838, 83 Am. St. Rep. 116; Eames v. Savage, 77 Me. 221. 52 Am. Rep. 751; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct 77, 44 L. Ed. 119; Hagar v. Reclamation Dist, 111 U. S. 701, 4 Sup. Ct. 663, 28 L. Ed. 569; Wynehamer v. People. 13 N. Y. 395; State v. Beswick, 13 R. I. 211, 43 Am. Rep. 26; In re Rosser, 101 Fed. 567, 41 C. C. A. 497.
DUE-BIIX. A brief written acknowledg­ment of a debt. It is not made payable to order, like a promissory note. See Feeser


Feeser, 93 Md. 716, 50 Atl. 406; Marrigan v. Page, 4 Humph. (Tenn.) 247; Currier v. Lockwood, 40 Conn. 350, 16 Am. Rep. 40; Lee v. Balcom, 9 Colo. 216, 11 Pac. 74. See £. O. U.
DUEL. A. duel is any combat with deadly weapons, fought between two or more per­sons, by previous agreement or upon a pre­vious quarrel. Pen. Code Cal. § 225; State r. Fritz, 133 N. C. 725, 45 S. B. 957; State v. Herriott, 1 McMul. (S. C.) 130; Bassett v. State, 44 Fla. 2, 33 South. 262; Davis v. Afodern Woodmen, 98 Mo. App. 713, 73 S. W. 923.
DUEXXUM. The trial by battel or judi­cial combat. See Battel.
DUES. Certain payments; rates or taxes. See Ward v. Joslin, 105 Fed. 227, 44 C. C. A. 456; Warwick v. Supreme Conclave, 107 Ga. 115, 32 S. E. 951; Whitman v. National Bank, 176 U. S. 559, 20 Sup. Ct 477, 44 L. Ed. 587.
DUKE, in English law, is a title of no­bility, ranking immediately next to the Prince of Wales. It is only a title of dignity. Conferring it does not give any domain, ter­ritory, or jurisdiction over the place whence the title is taken. Duchess, the consort of a duke. Wharton.
The name of a rack in the Tower, so called after a minister of Henry VI. who sought to introduce it into England.
DULOCRACY. A government where servants and slaves have so much license and privilege that they domineer. Wharton.
DULY. In due or proper form or man­ner; according to legal requirements.
Regularly; upon a proper foundation, as distinguished from mere form.. Robertson v. Perkins, 129 U. S. 233, 9 Sup: Ct 279, 32 L. Ed. 686; Brownell v. Greenwich, 114 N. Y. 518, 22 N. E. 24, 4 L. R. A. 685; Leth-bridge v. New York (Super. N. Y.) 15,N. Y. Supp. 562; Allen v. Pancoast, 20 N. J. Law, 74; Van Arsdale v. Van Arsdale, 26 N. J. Law, 423; Dunning v. Coleman, 27 La. Ann. 48; Young v. Wright, 52 Cal. 410; White v. Johnson, ,27 Or. 282, 40 Pac. 511, 50 Am. St Rep. 726.
DUM. Lat. While; as long as; until; upon condition that; provided that.
—Dmn. bane se gesserit. While he shall conduct himself well; during good behavior. Expressive of a tenure of office not dependent upon the pleasure of the appointing power, nor for a limited period, but terminable only upon the death or misconduct of the incumbent.— Dun ferret opus. While the work glows; in the heat of action. 1 Kent, Comm. 120.—Dnm fuit in prisona. In English law. A writ
which lay for a man who had aliened lands un­der duress by imprisonment, to restore to him his proper estates. 2 Inst. 482. Abolished by St. 3 & 4 Wm. IV. c. 27.—Dnm fuit infra setatem. (While he was within age.) In old English practice. A writ of entry which for­merly lay for an infant after he had attained his full age, to recover lands which he had aliened in fee, in tail, or for life, during his infancy; and, after his death, his heir had the same reme­dy. Reg. Orig. 2286; Fitzh. Nat. Brev. 192, G; Litt. § 406; Co. Litt. 2476.—Dnm non fuit compos mentis. The name of a writ which the heirs of a person who was non com-
?os mentis, and who aliened his lands, might ave sued out to restore him to his rights. Abolished by 3 & 4 Wm. IV. c. 27.—Dnm re-cens fuit maleficium. While the offense was fresh. A term employed in the old law of appeal of rape. Bract, fol. 147.—Dnm sola. While sole, or single. Dum sola fuerit, while she shall remain sole. Dum sola et casta vix-erit, while she lives single and chaste. Words of limitation in old conveyances. Co. Litt. 235a. Also applied generally to an unmarried woman in connection with something that was or might be done during that condition.
DUMB. One who cannot speak; a person who is mute.
DUMB-BIDDING. In sales at auction, when the minimum amount which the owner will take for the article is written on a piece of paper, and placed by the owner under a candlestick, or other thing, and it is agreed that no bidding shall avail unless equal to that, this is called "dumb-bidding." Bab. Auct. 44.
DUMMODO. Provided; provided that A word of limitation in the Latin forms of conveyances, of frequent use in introducing a reservation; as in reserving a rent.
DUN. A mountain or high open place. The names of places ending in dun or don were either built on hills or near them in open places.
DUNA. In old records. A bank of earth cast up; the side of a ditch. Cowell.
DUNGEON. Such an under-ground pris­on or cell as was formerly placed in the strongest part of a fortress; a dark or sub­terraneous prison.
DUNIO. A double; a kind of base coin less than a farthing.
DUNNAGE. Pieces of wood placed against the sides and bottom of the hold of a vessel, to preserve the cargo from the effect of leakage, according to its nature and qual­ity. Abb. Shipp. 227.
There is considerable resemblance between dunnage and ballast. The latter is used for trimming the ship, and bringing it down to a draft of water proper and safe for sailing. Dunnage is placed under the cargo to keep it from being wetted by water getting into the hold, or between the different parcels to


keep them from bruising and injuring each other. Great Western Ins. Co. v. Thwing, 13 Wall. 674, 20 L. Ed. 607; Richards v. Han­sen (C. C.) 1 Fed. 56.
DUNSETS. People that dwell on hilly places or mountains. Jacob.
Duo non possunt .in solido nnam rem possidere. Two cannot possess one thing in entirety. Co. Litt 368.
Duo sunt instrumenta ad res ant confirmandas ant impngnandas, ra­tio et anthoritas. There are two instru­ments for confirming or impugning all things, —reason and authority. 8 Coke, 16.
trial by twelve men, or by jury. Applied to juries de medietate Hnguce. Mol. de Jure Mar. 448.
DUODECIMA MANUS. Twelve hands. The oaths of twelve men, including himself, by whom the defendant was allowed to make his law. 3 Bl. Comm. 343.
DUODENA. In old records. A jury ot twelve men. Cowell.
DUODENA MANU. A dozen hands, i. e., twelve witnesses to purge a criminal of an offense.
Dnornm in solidum dominium vel pos-•essio esse non potest. Ownership or pos­session in entirety cannot be in two persons of the same thing. Dig. 13, 6, 5, 15; Mack-eld. Bom. Law, § 245. Bract, fol. 28&.
DUPLA. In the civil law. Double the price of a thing. Dig. 21, 2, 2.
DUPLEX QUERELA. A double com­plaint. An ecclesiastical proceeding, which is in the nature of an appeal from an ordi­nary's refusal to institute, to his next im­mediate superior; as from a bishop to the archbishop. If the superior adjudges the cause of refusal to be insufficient, he will grant institution to the appellant. Phillim. Ecc. Law, 440.
English law. Double the value of the mar­riage. While an infant was in ward, the guardian had the power of tendering him or her a suitable match, without disparagement, which if the infants refused, they forfeited the value of the marriage to their guardian, that is, so much as a jury would assess or any one would give to the guardian for such an alliance; and, if the infants married themselves without the guardian's consent, they forfeited double the value of the mar­riage. 2 BL Oomm. 70; Litt S 110; Co. Litt 826.
DUPLICATE. When two written docu­ments are substantially alike, so that each might be a copy or transcript from the other, while both stand on the same footing as original instruments, they are called "dupli­cates." Agreements, deeds, and other docu­ments are frequently executed in duplicate, in order that each party may have an orig­inal in his possession. State v. Graffam, 74 Wis. 643, 43 N. W. 727; Grant v. Griffith, 39 App. Div. 107, 56 N. T. Supp. 791; Trust Co. v. Codington County, 9 S. D. 159, 68 N. W. 314; Nelson v. Blakey, 54 Ind. 36.
A duplicate is sometimes defined to be the "copy" of a thing; but, though generally a copy, a duplicate differs from a mere copy, in having all the validity of an original. Nor, it seems, need it be an exact copy. Defined also to be the "counterpart" of an instrument; but in indentures there is a distinction between counterparts executed by the several parties re­spectively, each party affixing his or her seal to only one counterpart, and duplicate originals, each executed by all the parties. Toms v. Cuming, 7 Man. & G. 91, note. The old in­dentures, charters, or chirographs seem to have had the character of duplicates. Burrill.
The term is also frequently used to signify a new original, made to take the place of an instrument that has been lost or destroyed, and to have the same force and effect. Ben­ton v. Martin, 40 N. Y. 347.
In English law. The certificate of dis­charge given to an insolvent debtor who takes the benefit of the act for the relief of insolvent debtors.
The ticket given by a pawnbroker to the pawner of a chattel.
—Duplicate taxation. The same as "double" taxation. See Double.—Duplicate will. A term used in England, where a testator executes two copies of his will, one to keep himself, and the other to be deposited with another person. Upon application for probate of a duplicate will, both copies must be deposited in the registry of the court of probate.
DUPLICATIO. In the civil law. The defendant's answer to the plaintiff's replica­tion; corresponding to the rejoinder of the common law.
Dnplicationem possibilitatis lex non patitur. The law does not allow the doub­ling of a possibility. 1 Rolle, 321.
DUPLICATUM JUS. Double right Bract, fol. 283&. See Dboit-Dboit.
DUPLICITY. The technical fault, in pleading, of uniting two or more causes of action in one count in a writ, or two or more grounds of defense in one plea, or two or more breaches in a replication, or two or more offenses in the same count of an in­dictment Tucker v. State, 6 Tex. App. 253; Waters v. People, 104 111. 547; Mullin v. Blumenthal, 1 Pennewill (Del.) 476, 42 Atl. 175; Devino v. Railroad Co., 63 Vt 98, 20 Atl. 953; Tucker v. Ladd, 7 Cow. (N. Y.) 452.


DUPLY, n. (From Lat. duplicatio, q. v.) In Scotch pleading. The defendant's answer to the plaintiff's replication.
DUPLY, v. In Scotch pleading. To re­join. "It is duplyed by the panel." 3 State Trials, 471.
DURANTE. Lat During. A word of limitation in old conveyances. Co. LItt. 2346.
—Durante absentia. During absence. In some jurisdictions, administration of a dece­dent's estate is said to be granted durante ab-»e"ntia in cases where the absence of the proper proponents of the will, or of an executor, delays or imperils the settlement of the estate.—Du­rante bene placito. During good pleasure. The ancient tenure of English judges was du­rante bene placito. 1 Bl. Comm. 267, 342.— Durante minore setate. During minority. 2 Bl. Comm. 503; 5 Coke, 29, 30. Words taken from the old form of letters of administration. 5 Coke, ubi supra.—Durante viduitate. During widowhood. 2 Bl. Comm. 124. Du­rante casta viduitate, during chaste widowhood. 10 Bast, 520.—Durante virginitate. During virginity, (so long as she remains unmarried.) ?-Durante vita. During life.
DURBAR. In India. A court, audience, or levee. Mozley & Whitley.
DURESS, v. To subject to duress. A word used by Lord Bacon. "If the party duressed do make any motion," etc Bac Max. 89, reg. 22.
DURESS, n. Unlawful constraint exer­cised upon a man whereby he is forced to do some act against his will. It may be either "duress of imprisonment," where the person is deprived of his liberty in order to force him to compliance, or by violence, beating, or other actual injury, or duress per minas, con­sisting in threats of imprisonment or great physical injury or death. Duress may also include the same injuries, threats, or re­straint exercised upon the man's wife, child, or parent Noble v. Enos, 19 Ind. 78; Bank v. Sargent, 65 Neb. 594, 91 N. W. 597, 59 L. R. A. 296; Pierce v. Brown, 7 Wall. 214, 19 L. Ed. 134; Galusha v. Sherman, 105 Wis. 263, 81 N. W. 495, 47 L. R. A. 417; Radich v. Hutchins, 95 U. S. 213, 24 L. Ed. 409; Rollings v. Gate, 1 Heisk. (Tenn.) 97; Joan-nin v. Ogilvie, 49 Minn. 564, 52 N. W. 217, 16 L. R. A. 376, 32 Am. St. Rep. 581; Burnes v. Burnes (C. C.) 132 Fed. 493.
Duress consists in any illegal imprison­ment, or legal imprisonment used for an ille­gal purpose, or threats of bodily or other harm, or other means amounting to or tend­ing to coerce the will of another, and actu­ally inducing him to do an act contrary to his free will. Code Ga. 1882, § 2637.
By duress, in its more extended sense, is meant that degree of severity, either threatened or impending or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness. Duress per minas is restricted to fear of loss of life, or of may­hem, or luSs of limb, or other remediless harm
to the person. Fellows v. School Dist., 39 Me. 559.
—Duress of imprisonment. The wrongful imprisonment of a person, or the illegal re­straint of his liberty, in order to compel him to do some act. 1 Bl. Comm. 130, 131, 136, 137; 1 Steph. Comm. 137; 2 Kent, Comm. 453.— Duress per minas. Duress by threats. The use of threats and menaces to compel a person, by the fear of death, or grievous bodily harm, as mayhem or loss of limb, to do some lawful act, or to commit a misdemeanor. 1 Bl. Comm. 130; 4 Bl. Comm. 30; 4 Steph. Comm. 83. See Metus.
DURESSOR. One who subjects another to duress; one who compels another to do a thing, as by menace. Bac. Max. 90, reg. 22.
DURHAM. A county palatine in Eng­land, the jurisdiction of which was vested in the Bishop of Durham until the statute 6 & 7 Wm. IV. c. 19, vested it as a separate franchise and royalty in the crown. The ju­risdiction of the Durham court of pleas was transferred to the supreme court of judica­ture by the judicature act of 1873.
DURSLEY. In old English law. Blows without wounding or bloodshed; dry blows. Blount.
DUSTUCK. A term used in Hindostan for a passport, permit, or order from the English East Indian Company. It gener­ally meant a permit under their seal exempt­ing goods from the payment of duties. Enc Lond.
DUTIES. In its most usual signification this word is the synonym of imposts or cus­toms ; but it is sometimes used in a broader sense, as including all manner of taxes, charges, or governmental impositions. Pol­lock v. Farmers' L. & T. Co., 158 U. S. 601, 15 Sup. Ct 912, 39 L. Ed. 1108; Alexander v. Railroad Co., 3 Strob. (S. C.) 595; Pacific Ins. Co. v. Soule, 7 Wall. 433, 19 L. Ed. 95; Cooley v. Board of Wardens, 12 How. 299, 13 L. Ed. 996; Blake v. Baker, 115 Mass. 188.
—Duties of detraction. Taxes levied upon the removal from one state to another of prop­erty acquired by succession or testamentary disposition. Frederickson v. Louisiana, 23 How. 445, 16 L. Ed. 577; In re Strobel's Estate, 5 App. Div. 621, 39 N. Y. Supp. 169.—Duties on imports. This term signifies not merely a duty on the act of importation, but a duty on the thing imported. It is not confined to a duty levied while the article is entering the country, but extends to a duty levied after it has entered the country- Brown v. Maryland, 12 Wheat. 437, 6 L. Ed. 678.
DUTY. In its use in jurisprudence, this word is the correlative of right. Thus, wherever there exists a right in any person, there also rests a corresponding duty upon


some other person or upon all persons gener­ally. But it is also used, in a wider sense, to designate that class of moral obligations which lie outside the jural sphere; such, namely, as rest upon an imperative ethical basis, but have not been recognized by the law as within Its proper province for pur­poses of enforcement or redress. Thus, grat­itude towards a benefactor is a duty, but its refusal will not ground an action. In this meaning "duty" is the equivalent of "mdral obligation," as distinguished from a "legal obligation." See Kentucky v. Dennl-son, 24 How. 107, 16 L. Ed. 717; Harrison T. Bush, 5 El. & Bl. 349.
As a technical term of the law, "duty" signifies a thing due; that which is due from a person; that which a person owes to an­other. An obligation to do a thing. A word of more extensive signification than "debt," although both are expressed by the same Latin word "debitum." Beach v. Boynton, 26 Vt 725, 733.
But in practice It Is commonly reserved as the designation of those obligations of per­formance, care, or observance which rest up­on a person in an official or fiduciary capac­ity ; as the duty of an executor, trustee, man­ager, etc
It also denotes a tax or impost due to the government upon the Importation or expor­tation of goods.
—Legal duty. An obligation arising from contract of the parties or the operation of the law. Riddell v. Ventilating Co., 27 Mont 44, 69 Pac. 241. That which the law requires to be done or forborne to a determinate person or the public at large, correlative to a vested and coextensive right in such person or the public, and the breach of which constitutes negligence. Heaven v. Pender, 11 Q. B. Div. 506; Smith v. Clarke Hardware Co., 100 Ga. 163, 28 S. E. 73, 39 L. R. A. 607; Railroad Co. v. Ballentine, 84 Fed. 935, 28 C. C. A. 572.
DUUMVIRI. (From duo, two, and viri, men.) A general appellation among the an­cient Romans-, given to any magistrates elect­ed in pairs to fill any office, or perform any function. Brande.
Duumviri municipales were two annual magistrates in the towns and colonies, hav­ing judicial powers. Calvin.
Duumviri navales were officers appointed to man, equip, and refit the navy. Id.
DUX. In Roman law. A leader or military commander. The commander of an army. Dig. 3, 2, 2, pr.
In feudal and old European law. Duke; a title of honor, or order of nobility. 1 Bl. Comm. 397; Crabb, Eng. Law, 236.
In later law. A military governor of a province. See Cod. 1, 27, 2. A military officer having charge of the borders or fron­tiers of the empire, called "dux Umitis.'' Cod. 1, 49, 1, pr. At this period, tEe word began to be used as a title of honor or dignity.
D. W. I. In genealogical tables, a com­mon abbreviation for "died without issue."
DWELL. To have an abode; to inhabit; to live in a place. Gardener v. Wagner, 9 Fed. Cas. 1,154; Ex parte Blumer, 27 Tex. 736; Putnam v. Johnson, 10 Mass. 502; Ea-tontown v. Shrewsbury, 49 N. J. Law, 188, 6 Atl. 319.
DWELLING-HOUSE. The house in which a man lives with his family; a resi­dence ; the apartment or building, or group of buildings, occupied by a family as a place of residence.
In conveyancing. Includes all buildings attached to or connected with the house. 2 Hil. Real Prop. 338, and note.
In the law of burglary. A house In which the occupier and his family usually reside, or, in other words, dwell and lie In. Whart Crim. Law, 357.
DWELLING-PLACE. This term is not synonymous with a "place of pauper settle­ment." Lisbon v. Lyman, 49 N. H. 553.
Dwelling-place, or home, means some per­manent abode or residence, with intention to remain; and Is not synonymous with "domi­cile," as used in international law, but has a more limited and restricted meaning. Jef­ferson v. Washington, 19 Me. 293.
DYING WITHOUT ISSUE. At com­mon law this phrase imports an Indefinite failure of issue, and not a dying without is­sue surviving at the time of the death of the first taker. But this rule has been changed in some of the states, by statute or decisions, and In England by St 7 Wm. IV., and 1 Vict c. 26, § 29.
The words "die without issue," and "die with­out leaving issue," in a devise of real estate, im­port an indefinite failure of issue, and not the failure of issue at the death of the first taker. And no distinction is to be made between the words "without issue" and "without leaving is­sue." Wilson v. Wilson, 32 Barb. (N. Y.) 328; McGraw v. Davenport, 6 Port. (Ala.) 319.
In Connecticut, it has been repeatedly held that the expression "dying without issue," and like expressions, have reference to the time of the death of the party, and not to an indefinite failure of issue. Phelps v. Phelps, 55 Conn. 359, 11 Atl. 596.
Dying without children imports not a failure of issue at any indefinite future period, but a leaving no children at the death of the legatee. Condict v. King, 13 N. J. Eq. 375.
officer who has the care and oversight of the dykes and drains In fenny counties.
DYSNOMY. Bad legislation; the enact­ment of bad laws.
DYSPAREUNIA. In medical jurispru­dence. Incapacity of a woman to sustain the act of sexual Intercourse except with great difficulty and pain.
DYSPESIA. A state of the stomach In which its functions are disturbed, without the presence of other diseases, or when, if other diseases are present, they are of minor importance* Dungl. Med. Diet.
DYVOUR. In Scotch law. A bankrupt.
—Dyvour's habit. In Scotch law. A habit which debtors who are set free on a ceagio tonorum are obliged to wear, unless in the sum­mons and process of cessio it be libeled, *u»-tained, and proved that the bankruptcy proceeds from misfortune. And bankrupts are condemn­ed to submit to the habit, even where no suspi­cion of fraud lies against them, if they have been dealers in an illicit trade. Ersk. Prin. 4, 3, 13.

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