A Dictionary of Law

See Estoppel; Protest, 1.

See Bar, 1.

' Paying out money; also, the money itself. By an administrator— money or currency paid in extinguishment of the liabilities of the decedent or of the expenses of administration.'

The act, declaration, or document by which a person denies, disavows, or renounces some interest or right which he formerly claimed, or which has been imputed or offered to him.i 1

1. "Disclosing a defense upon the merits" means opening out and letting the judge see whether there really is a defense. 5 3. An agent is said to " disclose his principal " when he

The cessation of an action or an estate. 1. (1) A chasm or gap left by neglecting to enter a continuance in an action.^ When a plaintiff fails to follow up his case and leaves a ch

1. A counting ofE; an allowance or deduction from a gross sum on any account.^ A right -which a debtor has to an abatement of the demand against him in consequence of a partial fai

See Covert.

2 A bringing to light; making known for the first time; disclosure; also, that which is found out, revealed, disclosed. 1. Finding a previously unknown country or land. Spoken of a

1. By the Roman law, a surety was liable for the debt only after the creditor had unsuccessfully sought payment from the principal debtor. This was called the "benefit" or "right o

Within the meaning of a warranty in a policy of life insurance, not a temporary ailment, unless it be such as indicates a vise in the constitution, or so serious as to have a beari

See Tail.

See Criminate.

A man hiding behind bushes is not "in disguise," within the meaning of a statute which makes the county liable in damages to the next of kin of one murdered by persons in disguise.

See Inherit.

To refuse or neglect to accept or to pay negotiable paper at its maturity; also, the failure itself in this respect. Opposed, honor, q. v. The law presumes that if the drawer of a

Describes a term or an allegation which expresses or charges a thing in the alternative. Opposed, conjunctive. See Or, 3.

To send away; to refuse to entertain further; to send out of court: as, to dismiss a bill in equity for defects in its structure or for insuf&cienoy in law — Borrowed from proceedi

1. Disease; physical malady. A person suffering from a " contagious disorder '* may be indicted for exposing himself in a place endangering the public health.^ See Disease; Health;

1. Inequality in rank. In old law, while a female infant was in ward, the guardian could tender a match " without disparagement" or inequality: lest she might marry the lord's enem

As used in charter-parties, relative to the discharge of vessels, has frequently been the subject of definition. Customary or usual dispatch. In accordance or consistently with all

See Pauper, 3.

In shipping articles, to disrate; not, to discharge.'

1. To alienate, direct the ownership of: as, to dispose of property. Includes to barter, exchange, or partition; is broader than sell.* Under the power " to dispose of the property

See Possession, Dispossession.

See Proof; Bebut.

A fact alleged by one party and denied by the other, with some show of reason; not, a naked allegation without or against evidence." "Whence disputable,— see Presumption. Matter in

See Qualipt.

See Displace. DISSEISIH". See Seisin.

See Assent; Consent; Opinion, 3.

1. To put an end to, terminate: as, to dissolve a relation; e. g., the marriage relation, v- see Divorce. The dissolution of a partnership (g. v.) does not affect contracts made be

See Justice, Offenses against.

Is measured in a straight line, " as the crow flies," or on the horizontal plane.! May refer to the usually traveled road, = See Aloks; Course, 1; Dibrot, 1; Near.

Any person, firm, or corporation who distills or manufactures spirits, or who brews or makes mash, wort, or wash for distillation, or the production of spirits. One who produces al

In Illinois and New Hampshire, expresses a degree of insanity.

See Distress.

A division of territory. 1. Originally, the space within which a lord could coerce and punish — distrain. * The circuit within which a man might be compelled to appear, or the plac

That you distrain. The emphatic word in the writ of " distress infinite" (q. v.), when expressed in Latin. The writ enforced compliance with some-, thing required of the person (na

1. Interruption of a;ate of peace; disquiet; disorder: as, the isturbance of a lawful public meeting.i ee Assembly; Peace, 1. 2. A wrong to an incorporeal hereditalent, by hinderin

See Use, 2. DrVERS.s Several; sundry; more than ne, yet not rnany. In an indictment for the larceny of a numher of rticles all of one kind, the allegation may be "disrs," " divers

See Drain.

Blackstone describes four modes of alienation or transfer of title to real estate which he calls " common assurances: " by matter «n pais or deed; by matter of record in the courts

See Vest.

A portion of the princial or the profits of a thing divided among s several owners.* 1. In bankruptcy and insolvency law, asits apportioned among creditors. 2. In the administratio

See God; Law; Oath; Religion; Sunday; Woeship.

1. A setting apart: separation, apportionment, partition, sharing out; also, a separate part or portion, a share, an allotment. See Equal; Fence; Wall. Divisible. Admitting of sepa

i 1, V. To clip, cut off a part: to iminish. Dock an account. To deduct something rom a particular account. Dock an entail. To curtail, destroy, deeat an estate tail. 2, n. (1) The

1, V. To abstract — and enter i a book.5 See Dock, 1. To enter in a book called a docket. 2, n. A brief writing; an abstract, an epitme. Originally, a memorandum of the substance o

One qualified to teach: a learned man; a person versed in one or more sciences or arts. Doctor of laws. A title conferred by a college or university upon a person distinguished for

The principle involved, applied, or propounded: as, the doctrine of escheat, estoppel, relation; the cy pres doctrine.

That which conveys information; that which furnishes evidence or proof; a written or printed instrument. An instrument on which is recorded, by means of letters, figures, or marks,

See Dolus. DOXjLAK. The unit of our currency; — money, or its equivalent.^ A silver coin weighing four hundred and twelve and one-half grains, or a gold coin weighing twenty-five a

Device, artifice, guile, craft, itention to deceive, — especially when used,'itli mahis: actual fraud. Evil purpose; nlawful intention, illegal ill-will; legal lalice. Compare Culp

As a termination — jurisdiction, property, as in kingdom; or — state, condi-;ion, quality, as in freedom, serfdom. Orignally, doom— judicial sentence. Dom-bee or -boc. See Dome.

See Easement, Dominant.

Lord or master; owner. Dominus litis. The actor in a cause; the principal in a suit; the client, as distinguished from his agent or attorney.^ Domino perit res. The thing has peris

Complete ownership; absolute property." The right in a corporeal thing, from which arises the power of disposition and of claiming it from others.' Proximate dominion. Obtaining po

A house; the house. Domus procerum. The house of lords. Abbreviated dom. proc, and D. P. Domus sua euique est tutissimum refugium. His own dwelling is for every one the safest refu

See Donum.

A giving; a gift. See Dare; Gift. Donatio inter vivos. A gift between living persons: when the maker of a gift is not apprehending death. See further GIFT. Donatio mortis causa, or

See Donatio. A contract by which a person gratuitously dispossesses himself of something by transferring it to another to become the latter's property upon acceptance.^ > Grattan u

A gift. See Daeb; Donatio. De donis. Respecting gifts — estates-tail. The first chapter of the statute of Westminster 3 (13 Edw. I, 1385) is called the Statute de donis or de donis

See Dome.

See House, 1.,

Sleeping: silent, unavowed, undisclosed: as, a dormant partner; secret, not of public record: as, a dormant judgment; in abeyance, suspended: as, a dormant execution. See those sub

See Dementia, Senile.

Pertaining to dowry. Opposed, extra-dotal: not part of dowry. See Dos.

1. By two married persons:as, double adultery, q. v. 3. On behalf of each of two parties: as, a double agency. See Broker. 3. For the same cause of action: as, a double arrest, q.

i Fluctuation of mind arising from want of evidence or knowledge; uncertainty of mind; unsettled opinion.2 Equipoise of mind arising from an equality of contrary reasons.' In civil

s The interest which the lawgives a widow in the realty of her deceased husband. Compare Dowry. The life estate, created by law, where a man is seised of an estate of inheritance,

That which the wife gives the husband on account of marriage, — a donation toward his maintenance and the support of the relation.* In Louisiana, " theef Cects which the wife bring

7 1, n. (1) A drawing, delineation, sketch. See CoPYRia Hf. (2) In common speech, a bill of exchange.* See Exchange, 2. Any order for the payment of money drawn by one person upon

1. To take from a place of deposit; to call for and receive from a fund: as, to draw money from a bank or a trust, to draw a dividend or share. 3. To take names from the authorized

Originally, a net or drag for taking oysters; now, a machine for cleansing canals and rivers, — a dredger. To dredge is to gather or take with a dredge; to remove sand, mud, etc.,

See Citizen; Slavery.

See Easement.

See Livebt, Keeper; Nijgli-

A right; law abstractly considered. Opposed to Idi: law in the concrete sense. Equivalent to jtis in the Roman law. See Monstbans. Autre droit. Another's right. En autre droit. In

In popular acceptation, one who deals in medicines, or in the materials used in the preparation of medicines — in its largest signification.! Properly, one whose occupation is to b

A commercial agent who travels for a wholesale pierchant taking orders for goods to be shipped to retail dealers.' An agent, such as is usually denominated a " drummer " or " comme

The result of excessive drinking of intoxicating liquors; ebriety, inebriation, intoxication; the statewhich follows from taking into the body, by swallowing or drinking, excessive

See Exchange, 3; Rent; Trust, 1.

Debitum sine brevi, debt without a writ. See Debet, Debitum, etc. daily;. See Day.

i L. To doubt. Dubitante. Doubting. Affixed to the name ot a judge, in a reported se, denotes that he questions the soundness of the cision. Dubitantur. It is doubted. Indicates th

f In ancient law, a flght between two persons for the trial of the truth in a doubtful case.8 Actually fighting with weapons in pursuance of an agreement.' If either participant is

2 In its more extended sense, that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to ov

Fuller, 9 N. p. 536 (1838); Burdine v. Grand Lodge, 37 Ala. 478 (1861); Indianapolis v. Grand Master, 25 Ind. 518 (1865); Savannah v. Solomon's Lodge, 63 Ga. 93 (1874). Contra, Ban

See Due, 3.

While. Compare Durante. Dum bene se gesserit. While he behaves well. Dum fervet opus. While the affair is warm: while the transaction is fresh. A party's own admission, whenever ma

i The double of anything; an original repeated; a document the same as another; a transcript equivalent to the first or original writing; a counterpart: as, a duplicate bond, certi

' Double pleading. Alleging two or more distinct grounds of complaint or defense wlien one would be as effectual as both or all.8 Because it produces useless prolixity, and tends t

During, while. Compare Dun. Durante absentia. During absence. See Administratoe. Durante bene placito. During good pleasure. See Behavior. Durante minor e SBtate. During minority.

1. What one ought or ought not to do; legal obligation. See Due. " Duty " and " right " are correlative terms. Such rights as are due from the citizen are called "civil duties." Al

A person has his dwelling where he resides permanently, or from which he has no present intention to remove. See Abode; Domicil; Reside. Dwelling-house. 1. A description of realty,

In. a statute against "fabricating" a voting paper, impotts an act done with criminal intent; implies fraud or falsehood, a false or fraudulent concoction, by one knowing that it i

Every one of the two or more composing the whole. Foreign express companies being exempted, in Kentucky, from local taxation by paying a State tax, a provision in the charter of a

Money or property gained by labor or services: as, the earnings of a wife, minor, servant, insolvent debtor, corporation. In a statute of exemptions, the gains of the debtor derive

See Sheriff.

' A thing delivered to a vendor in assurance of a serious purpose to complete the contract of sale. Giving earnest is one of the alternatives prescribed by the original Statute of

^ A service or convenience which one neighbor has of another by charter or prescription, without profit.'* The right whicli one man has to use the land of another for a specific pu