A Dictionary of Law

The work or structure raised to obstruct the flow of water in a stream; also, 1 Acti 26 May, 1876: P. L. Sll. 'See Bispham, Eq. § 130 (1888); 1 Col. Law T. 8-14 (1887), cases. = Se

Detriment; deprivation; injury; loss. Etymologically, a thing taken away; the lost thing, which a party is entitled to have restored, that he may be made whole again. See Damnum; L

That which is taken away: loss; damage; legal hurt or harm. Plural, damna: legal losses. Damniflcatus, injured. Damnosa, hurtful. Ad damnuni. To the loss; " to the damage of plaint

See Deraign. DAHREIlf. See Continuance, Puis, etc.

See Chartek, 2; Corporation.

2 The primary signification is time " given " or specified, — in some way ascertained and fixed.' The time when an instrument was made, acknowledged, delivered, or recorded; the cl

De bene esse, conditionally. See De, Bene, etc.

De bonis non, of effects unadministered. See Administer, 4. D. C. District court; District of Columbia.

Cessation of life; extinction of poli^cal existence. See Life. Civil death. Extinction of civil rights. A bankrupt is regarded as civilly dead;' so is an insolvent corporation, to

See Libertt, 1, Of speech; Privilege, 4.

In French, debauche, from the shop: to entice away from work or duty; to entice and corrupt. Referring to a woman, at first meant to seduce, then to seduce and violate: in which tw

1. A custom-house certificate that an importer is entitled to a drawback.« 3. A bond in the nature of a charge on government stock, or on the stock of a public company.' See Debet.

He owes; from debere: de habere, to have a thing of some one. Compare Assumpsit. Deta.et et detinet. He owes and withholds. The form of the writ of debt is sometimes in the debet a

Whatever one owes.* See Debet. 1. A liquidated demand. A sum of money due by certain and express agreement.* As, by a bond for a determinate sum, by a bill or note.'by a special ba

See Capital, 1.

* A deceased person whose estate is being settled. See Administer, 4; Creditor, Bill; Distribution, 2; Part, 1; Probate; Residue; Will, 3.

Any device or false representation by which one man misleads another to his injury. ^ A fraudulent niisi-epresentation, by which one man deceives another, to the injury of the latt

1. In the sense of a false representation to induce credit or confidence, see' Deceit; Estoppel; Fraud, Actual. 2. In the sense of stratagem to discover crime, see Communication, P

See Oath, Decisory.

" Decoy letters " are, ordinarily, letters prepared and mailed for the purpose of detecting criminals. It is no objection to a conviction upon evidence produced by means of a decoy

5 The. decision, judgment, or sentence of a court of equity, admiralty, probate, or divorce.iurisdiction. A sentence or order of a court of equity, pronounced on hearing and unders

A " decrepit person " may mean one who is disabled, incapable or incompetent, from physical or mental weakness or defects produced by age or other cause, to such an extsnt as to re

Appropriation to public uses of some right or property: as, the dedication of a highway, landing, square, park, land for school purposes; the dedication of an invention, or of a li

We have given. See Dare. A commission to take testimony, the full name of which is dedimus potestatem, we have given power. In English practice the writ issues out of chancery, and

See DRAvraACK; Reprises; Set-opp.

1. A thing done; an act; a matter of fact, as opposed to a matter of law: as, a condition, an estoppel, a seisin in deed. Corresponds to the i Venoh pais, q. v. 2. A writing sealed

Bounded, limited, defined: determinate, precise, fixed, certain. Opposed, indefinite. A " definite failure of issue " occurs when a precise time is fixed by a will for the failure

To set bounds to, mark the limits of. See Definitio; Definition. 1. To make clear the design or scope of previous action; to remove doubt or uncertainty as to the meaning or applic

When by enactment certain acts are " deemed " to be a crime of a particular nature they constitute such ' crime, and are not a Semblance or a fanciful approximation of it.i "Deemed

See Alter, 2; Cancel.

^ 1. Eeduction of a claim by allowance of a counter-claim. Setting off another account or another contract.* Defalcation was unknown at common law, according to which mutual debts

Words which produce perceptible injury to the reputation of another are described as defamatory. Whence defamation. Defamatory words, if false, are actionable. False defamatory wor

io 1, n. (1) Something wrongful; some omission to do that which ought to have been done, n Non-performance of a duty; as, the nonpayment of money due.i^ 1 Commonwealth v. Pratt. 13

See Defalcation, 2.

A defeating: undoing, overthrow, avoidance, destruction, deprivation. ' See Feasance. Defeasible. Capable of avoidance or destruction. Indefeasible. Not admitting of abolition or i

See Defeasance; Condition. ' [2 Bl. Com. 327. = [Butman v. James, 34 Miim. 550 (1885), Berry, J.; 4 Kck. 353. ' Flagg V. Mann, 2 Sumn. 540 C1837), Story, J. ' See 21 Ala. 9; 3 Mich

Under the covenant in a charter-party that the vessel is "tight, staunch, and strong," the owner is answerable for latent as well as for visible defects, whereby the cargo is damag

See Defense.

One who is called upon in a court to make satisfaction for an injuiy done or complained of. 2 A person sued or prosecuted; a respondent. In the rules in admiralty, framed by the Su

An enumeration of the particular acts included by or under a name: as, the definition of a crime.6 See Define; Definitio. Legal definitions, for the most part, are generalizations

Is generally equivalent to "final" and opposed to interlocutory or provisional. But, in some relations, as when said of a judgment, decree, or sentence, may mean being above review

An injury by ouster or privation of the freehold, where the entry » 1 Pars. Contr. 40. ai Greenl. Ev. §373. » 8 Pars. Contr. 769. * 11 Pet. 138. "3 Pars. Contr. 249. •Marvin v. Sta

See Cmminatb; Libbl, Sj Reinstate; Kehabilitate; Slander. DEGrREE.^ One of a series of progressive steps upward or downward; grade. ^ 1. A remove in the line of relationship. Levit

« From beyond; outside of: extraneous, extrinsic, foreign to, unconnected with; aliunde, q. v. Applied to something as evidence, outside of a. record, agreement, will, or other ins

Putting oflE; postponement. A conveyance may be made with intent to hinder and delay creditors without any intention to defraud them." See Bankkuptcy; Conveyauoe, Fraudulent; Hinde

Of trust, credit. Appliedjp ap. ageat or fadtor who guarantees.'tbattnepersons to whom he sells will perform the contracts he makes with them.* When the person to wljom goods or me

Choice; selection. Delectus personse. Choice of person. Delectus personarum. Choice of persons or the persons. The right to choose the person or persons who shall participate in a

v. To commit power to another as agent or representative; to empower, depute, n. The person who is to exercise any such power; as, a Territorial delegate. See Delegatus. Delegation

A person chosen or commissioned: a deputy, agent, representative, trustee. Delegata. Deputed, empowered, intrusted. Delegata potestas non potest delegari. Delegated authority canno

Balancing, weighing: consideration; reflection; meditation, premeditation. 1. When a man passes a thing by deed, there is a determination of the mind to do it, the writing, the sig

1. In civil law, the act by which a person, through fraud or malignity, causes damage to another. In its enlarged sense includes all kinds of crimes and misdemeanors, even injuries

5 L. A wrong, whether private or public: an offense, a civil injury or tort, a crime; also, simply a failing or fault, blame, guilt, culpability.* Corpus delicto. The body of the o

That state of the mind in which it acts without being directed by the power of volition, which is wholly or partially suspended. A temporary derangement of mind preceded or attende

8 Transfer of the body or substance; surrender of physical possession or control; tradition. Opposed, non-delivery. To "deliver" is to give or transfer anything to another person.

1. Any account upon which money or other thing is, or is claimed to be, due.i A claim; a legal obligation." The most comprehensive word in law, except claim. A release of demands d

Mental derangement accompanied by general derangement of faculties.' Characterized by forgetfulness, inability to follow any train of thought, and indifference to passing events.'

^ Own, one's own; original. Demesne land. Land reserved by the lord of a manor for the use of himself and household.' Ancient demesne. Tenure of manors belonging to the crown in th

^ In a lease for years creates an implied warranty of title and a covenant for quiet enjoyment.* In a lease under seal implies a covenant, and in a lease not under seal a contract,

To demise, lease, let. Ex demissione. By demise. Used in entitling common-law actions of ejectment. Abridged ex dem, and d: as, Doe d., or ex dem.t Patterson V. Winn.* Non. demisit

A showing, pointing out: designation, description, demonstration, q. V. Falsa demonstratio non nocet. Erroneous description does not vitiate. Spoken of as the maxim falsa demonstra

1. Proof which excludes possibility of error. 6 A conclusion from a universal major premise, producing absolute certainty.' Mathematical truth alone is susceptible of this high deg

God's penny; money given to the church or to the poor; earnest- money, q. v.

See Defense, 2.

i An alien born who has obtained ex donatione regis letters-patent to make him a subject.^ Whence denizenize, dcnizenatioa or denization,^ and denizenship. The crown denizenizes; p

In Mexican law, a judicial pi'oceeding equivalent to the inquest of office at common law.""*

See Care; Mechanic; Physician.

6 Any personal chattel which was the immediate cause of the death of a rational creature.^ The chattel, whether an animal or inanimate object, was forfeited to the king, to be appl

Parting from, separation, going away; relinquishment, dereliction. 1. " Departure from the State," said of a debtor, in a statute of limitations, does not mean temporary absence fr

See Departure.

(Adj. Departmental.) The departments of government are the 1 F. deinzein, a trader " within " the privilege of a city franchise: deinz, within,— Skeat. a 1 Bi. Com. 374; 6 Pet. 116

1, adj. Not to be performed until a connected thing is done by another. Opposed, independent, completely obligatory within itself: as, a dependent, or an independent, contract or c

Abounding, limiting: defining, definition. Omnis deflnitio in jure perieulosa est. All limitation in law is perilous; defining in law is dangerous. Attempts to define the meaning o

* One who acts officially for another; the substitute of an officer — usually of a ministerial officer. Deputize. To appoint another to act in one's own place or office. General de

^ Sometimes is synonymous with " affidavit " or "oath;" but, in its more technical and appropriate sense, is limited to the written testimony of a witness given in the course of a

A naked bailment without reward, and without any special undertaking.' So called because the naked custody is given to another,* See Deposit, 1; Depot, 1.

1. In French law, dipdt is the depontum of the Roman and the deposit of the English law. May mean a place where military stores or supplies are kept.* > E. S. §§ 863-75. 'Whitford

Referring to property taken under the power of eminent domain, means the same as "take." 2 While the Fourteenth Amendment ordains that no State shall "deprive any person of lite, l

' Originally, to confound, disorder; to turn out of course; to displace. In old common lnw, to prove by disproving. 1 Fowler v. Farmers' Loan & Trust Co., 6l Wis. 79 (1866); Pittsb

2 Relinquished, deserted,.abandoned. Dereliction. The state of being abandoned or oast away; also, the thing itself of which this is predicated. 1. Land left uncovered by the reced

See Acquisition; Conveyance, 2.

Delineation: designation, description. Compare Demon-

^ A willful abandonment of an employment or duty, in violation of a legal or moral obligation.^ A soldier deserts his post, a sailor his ship, an apprentice his master, when they d

Pointing out: designation. Designatio personse. Designation of the person — to a contract. Compare De-

In a will, where the object is specified, may raise a trust, i See Precatory; Want.

Imports the use of violence or of clandestine means to deprive a person of something he possesses. ^

See Arrival; Port, Of destination.

To " destroy a vessel " is to unfit her for service beyond the hope of re-. CO very by ordinary means. 3 Destroyed Instrument. See Evidence, Secondary; Lost, 3. Destroyed property.

A withholding; detention. See Detinere, 1. Restraint of the person, unassented to. See Imprisonment. 3. Withholding possession of property from the rightful owner. See Conversion,

See Detainer; Imprisonment; Replevin.

See Detineke. DETBIMEIfT. See Consideration, 2; >AMAaE; Damages.

See Perishable; Sound, 3 (1).

To end, terminate; to close; to ascertain, settle. 1. To come to an end: as, for an estate for life to determine at death. 2. To decide: as, to determine a question, a controversy.

To hold, keep back, detain. Detinet. He withholds. Detinuit. He withheld (has withheld). Non detinet. He does not withhold. Technical words formerly used in actions of replevin to

An action for depriving one of the possession of personalty acquired originally by lawful means. Thus, if A lends B a horse, and B refuses to restore it, the injury consists in the

^ L. He has wasted.;he technical name for waste by an execuor or an administrator; occasionally, exravagance or misapplication of assets by ay trustee.' A wasting of assets; any ac

See Mineral; Mine; Op- 5EATE.

See Vest. DEVIATIOM". In marine insurance, a voluntary departure, without necessity or reasonable cause, from the usual course of;he voyage.' Originally, only a departure from the;

See Equivalent, 3; Patent, 3.

To separate, divide, distribute: to dispose of property by will; to devise. Devisavit vel non. Did he make a devise or not; did he make a will. An issue, directed by a court of pro

1, V. Originally, to divide or distribute property; now, to give realty by will. See Devisare. 3, n. A disposition of real property, contained in a man's last will and testament. ^