A Dictionary of Law

In Spanish law. The real and effective delivery of an object in the execition of & contract.

A kind of gun. 1 How. State Tr, 1124, 1125.

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. 45 Cal. 30,

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.”

Armand. Dictionnaire general et raisonné de legislation, de doctrine, et de jurisprudence, en maticre civile, commerciale, criminelle, administra-

A construction of wood, stons, 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 th

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 distinguish

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,

Goods, subject to duties, whieh have received some injury either in the voyage home or while bonded in warehouse,

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, t

Inold English law. Causing damage or loss, as distinguished from torcenousc, wrongful. Tritt. c. 61.

In Englishlaw. The legal designation of the wife of a knight or baronet.

Damages, both inclusive and exclusive of costs.

In old English law. Condemned; prohibited by law; unlawful. Damnatus evitus, an unlawful connection.

That which causes damage or loss.

To cause damage or injurious loss to a person.

An action given by the civil law for the damage done by one who intentionally injured the slave or beast of another. Calvin,

Inthe civil law. Fatal damage; damage from fate; loss happening from a cause beyond human control, (quod em fato continyit,) or an act of God, and for which hailees are not liable;

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 aa a quasi-d

Inthe civil law. <A loss arising from a payment mada by a party in consequence of an error of law. Mackeld. Rom. Law, § 178. Damnum sine injuriaé esse potest. Lofft, 112. There may

Anciently the better sort of men in England had this title; sothe Spanish Don. The old term of honor for men, as we now say Master or Mister. Wharton.

DANEGELD. A tribute of 1s. 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 suff

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 co

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 must feeding.

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, t

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, j

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

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.

A steward either of a king or lord. Spelman.

Togive away in fee, or forever.

To clear a legal account; to answer an accusation; to settle a controversy.

L Fr. In old English law. The last presentment. See AssisE or DARREIN PRESENTMENT.

(L. Fr. Last seiain.) A plea which lay in some cases for the tenant in-a writ of right. See 1 Bose. Real Act. 206.

In old practica and conveyance ing. The date of a deed; the time when it was given; that is, executed, Grounds whereon to proceed; facts from which te draw a conclusion,

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 d

) <Actass of bailment which is called “commodatum” in the Roman law, and is denominated by Sir William Jones a “loan for use,” (prét @ usage,) to distinguish it from “mutuum,” a lo

In French law. A deed is said to have a date certaine (fixed date) when it has been subjected to the for- _mality of registration; after this formality has been complied with, the

In the civil law. A giving, or act of giving. Datio in solutum; a giving in payment; a species of accord and satisfac. tion. Called, in modern law, “dation.”

In the civil law. A gift; a giving of something. It is not exactly synonymous with “donation,” for the latter implies generosity or liberaiity in makinga gift, while dation may mea

An English statute, (8 Vict. c. 16,) passed in 1845, which consolidated the clauses of previous laws still remaining in foree on the subject of public companies. It is considered a

A word derived from the Ioman law, signifying “appointed by public authority.” Thus, in Scotland, an execntordative is an executor appointed by a court of justice, corresponding to

A first principle; a thing given; a date.

It is given to the more worthy. 2 Vent. 268.

An immediate female de scendant,

The wife of one’s son.

In French law. The title of the eldest sons of the kings of France, Disused since 1830.

The act of lending money on usury.

A tradesmnan’s account book; a book in which all the occurrences of the day are set down. It is usually a book of original entries.

<Adairy. Cowell.

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. Comm. 224; Cro.

or DAY-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

(L. Lat. dies in banco.) Inpractice. Certain stated days in term appointed for the appearance of parties, the return of process, etc., originally peculiar to the court of common be

An arbitrator, umpire, or elected judge. Cowell.

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 di

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;

An abbreviation for de bene essé, (q..)

Of course. The usual, necessary, and formal proceedings In an action are said to be de ewrsu; as distinguished from sitmmnary proceedings, or such a8 are incidenta! and may be take

<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.”

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 th

Inecclesiasticallaw. A minister or servant in the church, whose otfiee is to assist the priest in divine service and the distribution of the sacrament. Itis the lowest order in the

A corpse.

This term is applied to persons other than the officers, agents, or employes of a railroad company who are permittel by the company to travel on the road without paying any fare th

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 r

In old European law. A profession of irreconcilable liatred till a person is reyenged even by the death of his enemy,

Such weapons or instruments as are made aud designed for offensive or defensive purposes, or for the destruction of life or the infilction of injury. 8 Bush, 887. A deadly weapon i

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

Of admeasurement. Thus, de admensuratione dotis was a writ for the admeasurement of dower, and de admensuratione pasture was a writ for the admeasurement of pasture. DE ADVISAMENTO

A mortgage; moriuum vadium.

In Englishlaw. <A rent payable on a mining lease in addition toa royalty, so called because it is payable although the mine may not be worked.

In Scotch law. The this the testator had the unqualified disposal, Bell.

A future use.

A man that is born deaf, dumb, and blind is looked apon by the law as in the same state with an idiot, he boing supposed incapable of any understand- — ing. 1 Bl. Comm. 304. Nevert

In old English law. To discharge trom being forest. To free from forest laws.

Discharged from being a forest, or freed and exempted from the forest laws,

To traffic; to transact business; to trade, Muakers of anaccommodatior note are deemed dealers with whoever discounts it. 1? Wend. 524.

Abouf gamesters,

A dealer, in the popalar, and therefore in the statutory, sense of the word, is nob one who buys to keep, or makes to sell, but one who buys to sell again. 27 Pa. St, 494; 33 Pa, S

‘Transactions in the course of trade or business, Held to include payments to a bankrupt. Moody & M. 137; 3 Car. & P. 85.

Of high and low. A phrase anciently used to denote the absolute submission of all differences to arbitration. Cowell.

Lat. Concerning bribery. A phrase descriptive of the subject-matter of several of the Roman laws; as the Lex Aufidia, the Lex Pompeia, the Lex Tullia, and others. Sce AMBITUS.

Of more abundant or especial grace. Townsh. Pl. 18,

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 ap

In ecclesiastical law. The council of a bishop, to assist him with their advice in the relizious and also in tho temporal affairs of the see. 38 Coke, 75; 1 Bl. Comm. 882; Co. Litt

Of the bissextile or leap year. The title of a statute pissed in the twenty-first year of Henry IIL, which in fact, however, is nothing more than a sort of writ or direction to the

Breve. Writ ofannual pension, Anancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his cliaplains, demanded the same of the abbot

For a yearly rent. A writ to recoveran annuity, no matter how payable, in goods or money. 2 Reeve, Eng. Law, 258.

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,

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, c

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 cleriea! possessions, one of which was the waste they

(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.

For provingage. <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.

The extinction of life; the de parture of the soul from the body; defined animal and vital functions consequent thereon, such 2s respiration, pulsation, ete. In tazal contemnlation

In Scotch law. A state of sickness which ends in death. Ersk. Inst. 3, 8, 95.

In Scotch law. A deed made by a person while laboring under a distemper of which he afterwards died. Ersk. Inst. 8, 8, 96. A deed is understood to be in death-bed, if, before signi

The executioner; hangman; he that executes the extreme penalty of the law

Seo Drap’s Parr; DEAD Man’s Part.

A writ which lay to the judges of a court, requiring them to receive and admit an attorneyfora purty. Neg, Orig. 172; Fitzh. Nat, Brey. 156,

For hearing and determining; to hear and determine. The name of a writ, or rather cominission granted to certain justices to hear and determine cases of heinous misdemeanor, trespa

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