A Dictionary of Law

In Scoteh law. One where the decision ia in favor of the plaintiff. Ersk. Inst. 4, 3, 5. DECREET OF VALUATION OF

This term designates a person who is disabled, incapable, or incompetent, either from physical ar mental weakness or defects, whether produced by age or other causes, to such an ex

Inthe Roman law. Judicial sentences given by the emperor as su- er preme judge. ee Decreta conciliorum non ligant reges nostros. Moore, 906. The decrees of couneils bind not our ki

The decretals of Gregory the Ninth. A collection of the laws of the church, published by order of Gregory LX. in 1227. It is composed of five books, subdivided into titles, and eac

In chancery practice. An order made by the court of chancery, In the nature of a decree, upon a motion or petition. An order in a chancery suit made on mo- ne tion or otherwise not

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, g and possessing the f

In Spanish colonial law. An order emanating from some snperior tribunal, promulgated in the name and by the authority of the sovereign, in relation to eccle-

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 cognoscens decrevit.) Inst. 1, 2, 6

Gratian’s decree, or decretum. A collection of ecclesiastical law in three books or parts, nade in the year 1151, by Gratian, a Benedictine monk of Bologna, being the oldest as wel

The act of depriving of a crown.

To cry down; to deprive of credit. “The king may at any time decry or cry down any coin of the kingdom, and mike it no longer current.” 1 Bl. Comm. 278.

An cbhsolete 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

In the provincial administration of the Roman empire, the decurions were the chief men or official personages of the large towns. Taken asa body, the decurions of a city were charg

Writ for admitting a puardian. Keg. Orig. 936, 198.

Writ for removing a guardian. Reg. Orig. 198. DE CUSTODIA TERRE ET HARE-

In Saxon law. An actual homicide or manslaughter.

A writ of debt. Reg. Orig. 139. DE DEBSITORE IN PARTES SE-

A writ of deceit wiich lay against one who acted in the name of another whereby the latter was damnified and deceived. Reg. Orig. 112. was distrained for rent that ought to be paid

(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.

To appropriate and set apart one’s private property to some public

In real property law. An appropriation of Innid to some public use, mate by the owner, and accepted for such use by or on behalf of the public. 23 Wis. 416; d3 N. J. Law, 13. A del

Thefeast 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 plice, but by those of all

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 prop

(Lat. We have given and granted.) Words used by the king, or where there were more grantors than one, instead of dedé et connesst.

(We have given power.) In English practice. A writ ov commission issuing out of chancery, empowering the persons named therein to perform certain acts, as to administer oaths to de

Theact of yielding up anything; surrender. the body with fire or an iron, 36 that the mark could not be erased, and sulsequentiy manumitted, Calvin.

OF or founded upon fraud. Dig. 4, 3. See AcTIO DE Do Lo Mato,

A writ which Jay for one tenant in common to compel his co-tenant to contribute towards the repair of the common property.

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 c

Writ for assigning dower, A writ which lay for the widow of a tenant in captle, commanding the king’s escheator to cause her dower ta be assigned to her. leg. Orig. 297; Fitzh, Nat

A 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 U

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.

A sealed instrument, contalning 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 conta

or INDENT-

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 penalt

Inconveyancing. <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

Adeed made before a fine or common recovery, to show the object thereof.

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman, or stranger who had himself deprived DE EJECTIONE FIRMA By agradual extension of

Tohold; consider; adjudge; condenn. 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 fan

Judges in the Isle of Maan, who decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be twoin numbe

A park or fold for deer.

Engines or great nets nade of cord to cutch deer. 19 Hen. VIII. e. 11.

A writ of exchange of money. An ancient writ to authorize a merchant to make a Dill of exchange, (literas cambitorias facere.) Reg. Orig. 194,

Writ ofescheat. <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.

Of being on ajourney. A species of essoin. 1 Reeve, Eng. Law, 119. DE ESSENDO QUIETUM DE TO-

A writ which issued upon an essoin of malum lecté being cast, to examine whether the party was in fact sick or not. Reg, Orig. 8b.

Writ for having es{overs. A writ which lay fora wife divorced @ mensa et thuro, to recover her alimony or estovers. 1 Bi. Comm. 441; 1 Lev. 6.

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. 708+ Fitzh. Nat. Brev. 60.

Fr. Of water anid 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

A law French phrase, equivalent to the Latin de avo et de tritavo, descriptive of the ancestral rights of lords in their villeins. Literally, “from grundfather and from great-grand

“Concerning excuses.” This is the title of book 27 of the Pandects, (in the Corpus Juris Civilis.) It treuls of the circumstances which excuse one from filling the office of tutor

<A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment. Reg. Orig. 18; Fitzh. Nat. Brey. 20,

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 courtbaron, during the time of his wardship. F

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 and must be accepted for all practical p

One which has purported to pass the property from the owner to another. 74 N. ¥. 575; L. R. 3 App. Cas. 459.

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 corporati

Writ of false judgment. Reg. Orig. 15; Fitzh. Nat Brev. 18. See Faust JUDGMENT.

The taking from one’s reputation. The offense of injuring a person's character, fame, or repntation by false and malicious statements. The term seems to be comprehensive of both li

The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement. In practice. Omission; neglecé or failure. When a defendant in an ac

One wlid makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money.

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 whieh isin another deed is a “defe

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 spok

See DEFEASANCE.

The want or absence of some legal requisite; deficiency; imperfection; insufliciency.

Challenge propter, See

Lat. Failure of issue.

To prohibit or forbid. To eny. To contest and endeavor to defeat a In covenants of warranty in deeds, it means to protect, to waintain or keep secure, to guaranty, to agree to inde

The person defending or denying; the party against whom relief or recovery is sought in an action or suit. In common usage, this term is applied to the perty put upon his defense,

The distinctive teri appropriate to Lie party against who a writ of error is sued out,

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

(Fr.) Todeny;to defend; to condnct a suit for a defendant; to forbid; to prevent; to protect,

In Scotch and eanon Jaw. A defendant.

To wage law; a denial of an accusation upon eath. See Wa GhR oF Law,

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

He defends the force and injury. Fletu, libs, 6.39, $1.

Fr. <A defender or defendant; the party accused in an appeal, Britt. ¢. 22.

That which is offered and alleged by the party proceeded against in an action or suit, a8 a reason im law or fact why the plaintiff should not recover or establish what he seeks; w

In French and Canadian law. A demurrer.

In English ecelesiastical law. A species of pleading, where the defendant, instead of: denying the plaintiff’s charge upon oath, has #ny circumstances to offer in his defense. This

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.

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

In the civil law. A defender; one who assumed the defense of another’s casein court. Also an advocate. A tutor or curator. In canon law. The advocate or patron of achurch. An offic

Lat. Defender or protector of a city or municipality. An oflicer under the Roman empire, whose duty it was to protect the people against the injustice of the magistrates, the insol

Aninclosure of land; any fenced ground, See Der Eenso. purchaser, but not commencing until a date subsequent to the date of buying them, so that, if the purchaser die before that d

Stock in a cor poration is sometimes divided into “preferred,” the holders of which are entitled to a fixed dividend payable out of the net earnings of the whole stock, and “deferr

Someting wanting, generally in the accounts of one intrusted with money, or in the money received by him.

Of breach of faith or fidelity. 4 Reeve, Eng. Law, 99.

To explain or state the exact meaning of words and phrases; to settle, take clear, establish boundaries. “An examination of our Session Laws will show that acts have frequently bee

Fr. Of necessity; of pure necessity. See FINE ForcE. DE FINE NON CAPIENDO PRO

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,

A description of a thing by its properties; an explanation of the meaning of a word or term. Webster. Thi process of stating the exact meaning of a word by means of otlier words. W

That which finally and completely ends and settles a controversy. A definitive sentence or judgment is put in opposition to an interlocutory judgment. A distinction may be taken be

The final judgment, decree, or sentence of an ecclesiastical court. 3 BI. Comm, 101.

Seduction or debauching. The act by which a woman is deprived of her virginity.

In English law. To withhold wrongfully: to withhold the possession of lunds from one who is lawfully entitled to them, 3 Bl. Comm. 172. In Scotch law. To resist the execution of th

Deforcement is Where aman wrongfully holds lands to which another person is entitled. It therefore includes disseisin, abatement, discontinuance, and intrusion. Co. Litt. 2776, 351

One who wrongfully keeps the owner of lands and tenements out of the possession of them. 2 Bl. Comm. 350.

To withhold lands or tenements from the rightful owner. Thisis a word of art which cannot be supplied by any other word. Co, Litt. 3310.

Inold Englishlaw. A distress, distraint, or seizure of goods for satisfaction of a lawful debt. Cowell.

Writ of forfeiture of marriage. Reg. Orig. 163, 164.