A Dictionary of Law

For retuining the cattle. A term applied to pledges given in the old action of replevin. 2 Reeve, Eng. Law, 177.

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.

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

A certificate given by the collector of a port, under the United tled to a drawhack, (q. 2.) specifying the amount and time when payable. See Act Cong. March 2, 1799, § 80. In Engl

Astock 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 litium. There ought to bean e

He owes and detains. Words anciently used in the original writ, (and now, in English, in the plaintiffs declaration,) in an action of debt, where it was brought by one of the origi

(Lat. Heowes 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 ata mill or in ease of a writ of

L. Fr. For good and evil. A phrase by which a party accused of a crime aneiently put himself upon a jury, indicating his entire submission to their verdict.

Concerning men twice married. The title of the statute 4 Edw. I. St. 3; so called from the Initial words of the fifth chapter. 2 Inst, 272; 2 Reeve, Eng. Law, 142.

Asum 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

Lat. In Scotch law. Debtssecured upon land. Ersk. Inst. 4,1, 11.

Lat. In old English law. Debts of the laity, or of lay persons. Debts recoverable in the civil courts wereanciently so called. Crabb, Ning. Law, 107. Debita sequuntur personam debi

Lat. Debt willout 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 applie

Fr. Of good memory; of sound mind. 2 Inst. 510.

Of his own goods. The technical name of a judgment against an administrator or executor to be satisfied from his own property, anc not from the estate of the deceased, as in cases

or IN-

“For good and ill.” The Latin form of thelaw French phrase “De bien et de mal.” In ancient eriminal pleading, this was the expression with which the prisoner put himself upon a jur

An abbreviation of De bonis non administratis,(g.v.) 1 Strange, dt.;

Of the goolls not administered. Whenanadministrator is appointed to succeed another, who has left the estate partially unsettled, he is said to be granted “administration de bonis

A person to whom a debt is due; a creditor. 8 Bl. Comm. 18; Plowd., 543. Not used, j

A species of debt or obligation mentioned by Glanville and Bracton, and which arose ex mutio, ont of a certain kind of loan. Glan. Jib. 10, ec. 3; Braet. fol. 99. See Muruum; Ex Mu

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.

Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of & place torepair and maintain a causeway, ete. Reg. Orig. 154,

The ten commandments given by God to Moses. The Jews called them the “Ten Words,” hence the name.

A deanery. Spelman. A company of ten persons. Calvin.

The office, jurisdiction, if territory, or command of a decanus, or dean. Spelman,

In ecclesiastical and old Huropean law. An officer having supervision over ten; adean. A term applied not only to ecclesiastical, but to civil and miliitary, ollicers. Decanus mona

The act of beheading. A mode of capital punishment by cutting off the head.

Ofthose who have lost their statws, or eivil eundition. Dig. 4,5, The name of a title in the Pandects. See Cariris DEMINUTIO.

(For restoring charters.) A writ to secure the delivery of charters or deeds; a writ of detinus, Reg. Orig, 1598,

(Fer restering chattels.} A writ to secure the return specifically of chattels detained from the owner. Cowell.

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 sufficien

v. To die; to depart life, or from life, This has always been a common termins Scotchlaw. “Gif ane man deceasis.” Skene,

A deceased person; one who has lately died. Etymologically the word denotes a person who is dying, but it has eome to be used in Jaw as signifying any defunct person, (testate or i

nm. Death; departure from life.

(Ten such; or ten tales, jurors.) In practice. The name ofa writ which issues in England, where, ona trial at bar, ten jarors are necessary to make upa full panel, commanding the s

In old English law. A tithing or decennary; the precinct of a frankpledge; consisting of ten freeholders with their families. Spelman.

Lat. One who held one-half a virgate of land. Du Cange. One of the ten freeholders in a deeennary. Id. Calvin. Decennier. One of the decennarié, or ten freeholders making up a tith

A tithing, composed of ten neighboring families. 1 Reeve, Eng. Law, 13; 1 BI. Comm, 114. Deceptis nen decipientibus, jura subveniunt. The laws help persons who are deceived, not th

In Scotch law. To decree. “Decernit and ordainit.” 1 How. State Tr. 927. ‘“Decerns.” Shaw, 16.

A writ requiring a thing to be certified. A kind of certioravtj. Reg. Orig. 151, 152.

A writ for certifying. A writ directed to the sheriff, requiring him to certify to a particular fact. Reg. Orig. 24.

In the civil and old Engush law. Death; departure. Decet tamen principem servare leges quibus ipse servatus est. It behoves, indeed, the prince to keep the laws by which he himself

Writ of champerty. A writ directed to the justices of the bench, commanding the enforcement of the statute of echampertors. Reg. Orig, 183; Fitzh. Nat. Brev. 172.

Fr. Of flesh and blood. Affaire rechat de char et de sank, Words use in claiming a person to be a villein, in tue time of Edward Il Y¥, &.P. 1 Bdw. Wh pa

Of victuals fo be used. The title of a sumptuary statute passed 10 Edw, LI. St. 3, to restrain the expense of entertainments. Barring. Ob, Sb, 240, DE CLAMIA ADMITTENDA IN

To decide includes the power and right to deliberate, to weigh the reasona for and against, to see which preponderate,

(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 am

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 d

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed “deciznatio legionis” by the Romans. Sometimes only the twentieth nian was punished, (vtce

A French coin of the value of the tenth part of a franco, or nearly two cents. Decipi quam fallere est tutius. It is safer to be deceived than to deceive. Loift, 306.

In practice. A judgment or decree pronounced by a conrt in settlement of a controversy submitted to it and by way of authoritative answer to the questions raised before it. “Decisi

In the civil law, Where one of the parties to a suit, not being able to prove his charge, offered to refer the cept, or tender the same proposal back again, otherwise the whole was

A person who makes a 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 hi

A declaration made by an alien, as 4 preliminary to naturalization, beforea court of reo- States, and to renounce forever all allegiance und fidelity to any foreign prince, potenta

The hame given to an agreement announcing four important rifles of international law effected between the principal European powers at the Congress of Paris in 1856. These rules ar

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 te the use of another person orefor certain

A public and formal proclamation by a nation, through its executive or legisiative department, that a state of war exists between itself and another nation, and forbidding all pers

In Scoteh law. An action whereby it is sought to have some right of property, or of status, or other right judicially ascertained and declared. ell.

In Seotch law. An action resorted to against a trustee who holds property upon titles ex facie for his own benefit. Bell,

Explanatory; designed to fix or elucidate what efore was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the Iaw is, and wh

In Scotch law. Anaction in which the right of the purauer (or plaintiff) is craved to be declared, but nothing claimed ta be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46

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.

That which clearly defines rights to be ob served and wrongs fo be eschewed.

To solemnly assert a fact before wiinesses, e. g., where a testator de clares a paper signed by him to be his last will and testament, This also is one of the words customarily use

Bydayiight. Fleta, liv. 2, ©. 76, § 8

Of close

Concerning the clergy. The title of the statute 25 Edw. Lil. 8t. 3; containing a variety of provisions on the subject of presentations, indictments of spiritual persons, and the li

In French law, Pleas to the Jurisdiction of the couré; also of dis pendens, and of connexité, (q. 0.)

In English practice. The plea of sanctuary, or of benefit of clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 383. Now abolished. 4 Steph. Comm. 400, note; Id, 45

In Scotch practice, An objection to the jurisdiction of a judge, Bell.

Of house burning. One of the kinds of appeal formerly in use in England, Bract. fol. 1466; 2 Reeve, Eng. Law, 38.

Fr. Of common right; that is, bythe common law. Co. Litt, 142a.

Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff, or show cause to the contrary. Reg. Orig. 135-155; Fitzh. Nat. Brev. 117, E. The fou

In Frenchlaw. A name formerly given to those persons who died without confession, whether they refused to contess or whether they were criminais to whom the sacrament was refused.

Concerning the conflict of laws. The title of several works written on that subject. 2 Kent, Comm, 455.

Concerning persona jointly enfeoffed, or seised. The title of the statute 34 Edw. L, which was passed to prevent the delay oceasioned by tenants in novel disseisin, and other writs

In old criminal law. Of counsel; concerning counsel or advice to commitacrime. Fleta, lib. 1, ¢. 31, § 8.

By the advies (or direction) of the court.

By the advice or direetion of the court. Bract. fel. 84.5b.

Writ to continue an assise. Reg. Orig. 2176,

Writ for taking a contumacious person. <A writ which issues out of the English cour’ of chancery, in cases where a person has been pronounced by an ecclesiastical court to be contu

Writ for electing a coroner. <A writ issied to the sheriff in England, commanding him to proceed to the election of a coroner, which is done in full county court, the freeholders b

Writ for discharging or removing a coroner. A writ by which 1 coroner in Eogiand may be removed from oflice for some cause therein assigned. Fitzh. Nat. Brey. 163, 164; 1] Bl. Comm

From the body of the county at large, as distinguished from a particular neighborhood, (de vicineto.) 3 Bl. Comm. 360,

Writ for having a corody. <A writ to exact a corody from a religious house. Reg. Orig. 264; Fitzh. Nat. Brey. 2380. See Coropy.

A pond used for the breeding and maintenance of water-fowl. 11 Mod. 74, 180; 3 Salk, 9,

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

In Scotch law. <A decree dismissing a claim, or acquitting a defendant. 2 Kames, Tig. 367.

In Scotch law. An order of a probate court appointing an administrator.

A provisional decree, which will be made absolute on motion unless cause be shown against it. In English practice, 1t ia the order made by the court fur divorce, on satisfactory pr

In Scotch practice. A decree by which a debt ja ascertained. Bell. In technical language, a decree which is Tequisile to found a title in the person of the creditor, whether that n

In Seotch law. A decree made after an arrestment (g. v.) ordering the debt to be paid or the effects of the debtor to bs delivered to the arresting creditor. Bell.

In Seoteh law. The decree of a teind court allocating stipend upon different heritors. It is equivalent to the apportionment of a tithe rentcharge.

In Scotch law. A decree of the teind court modifying or fixing a stipend,

In Scotch law. A proceeding giving immediate execution to the creditor; similar to a warrant of attorney to confess judgment.

In Seotch law. The final judgment or sentence of a court.

In Seotch law. Anaward of arbitrators. 1 Kames, Eg. 312, 313; 2 Kames, Eq. 367.

Tn Scotch law. Whena ereditor 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