A Dictionary of Law

The punishment of being buried alive.

Concerning those that break prison. The title of the statute 1 Edw. II., ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaking pri

To practice fraud; to cheat or trick; to deprive a person of property or any interest, estate, or right by fraud, deceit, or artifice,

In Spanish law. The crime committed by a person who fraudulently avoids the payment of some public tax.

Privation by fraud.

Oftheft. Oneof the kinds of criminal appeal formerly in use in Ingland. 2 Reeve, Eng. Law, 40.

Of behavior and reputation. An old writ which lay in cases where a person’s conduct and reputation were impeached.

A deprivation of dignity; dismission from office. An ecclesiastical censure, whereby a clergyman is divested of his holy orders. There are two sorts by the canon law, — one summary

A term for waste in the French law.

Reviling; holding one up to public obloquy; lowering a person in the estimation of the public.

Of grace or favor, by fa- De gratia speciali certa scientia et mero motu, talis clausula non valet in his in quibus presumitur principem esse ienorantem. 1 Coke, 53. The clause “of

In the law of descent and family relations. A step or grade, 3. e., the distance, or number of removes, which Separates two persons who are related by consanguinity. Thus we speak

In old English law. Certain poor Irish scholars, clothed in mean habit, and living under no rule; also beggars banished from England. (1 Hen. V. ce, 7, 8.) Wharton. ———

Breve. Writ for making an allowance. An eld writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) in their accou

In French law. <A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. 14 Wend. 491.

A writ which lay for a guardian who had been forcibly ejected from his wardship. Reg, Orig. 162.

A writ for respiting or postponing homage. Fitzh. Nat. Brey. 269, A. DE HOMINE CAPTO IN WITHER-

Fr. Outof; without; beyond; foreign to; unconneeled with, Dehors the record; foreign to the record. 8 BI. Comm, 387.

(Lat. For burninga heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, and had relapsed into heresy. It issaid to be very ancient. Fitzh. Nat. Bre

For good behavior; for good abearance.

For be having himself well; for his good behavior. Yelv. 90, 154.

Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159. In pleadi

In mereantile law. A phrase borrowed from the Italians, equivalent toour word “guaranty” or “warranty,” or the Scotch term “warrandice;” an agreement by which a factor, when he sel

A writ which lay for one arrested in a personal action and committed to prison under a mistake as to his identity, the proper defendant bearing the same name. Reg. Orig. 194.

Anold common-law writ, long obsolete, to inquire whether a man bean idiot or not, 2 Steph. Comm. 509. DE IIS QUI PONENDI SUNT IN

Lat. By the grace of God. A phrase used in the formal title of a king or queen, importing a claim of sovereiguty by the favor or commission of God. In ancient times it was incorpor

Thejudgment of God. The old Saxon trial by ordeal, so called because it was thonght to be an appeal to God for the justice of a cause, and it was believed thal the decision was acc

Of incresse; in addition. Costs de incremento, or costs of increase, are the costs adjudged by the court in civil actions, in addition to the damages and nominal costs found by the

Ofinfirmity. The principal essoin in the time of Glanville; alterwaris called “demalo.” 1 Reeve, Eng. Law, 115. See De Maro; Essorn.

Awritofentry. Reg. Orig. 2276, et seq. H

Of [his own] wrong, In the technical language of pleading, a replication de injuria is one that may be made in an action of tort where the defendant has admitted the acts complaine

Concerning an inoflicious or undutiful will. A title of the civillaw. Inst. 2, 18.

Anew; a second time. As it was before.

A writ of intrusion; wherea stranger entered after the death of the tenant, tothe injury of the reversioner. Reg. Orig. 2335.

In Spanish law. Surrenthe benefit of his creditors, of un heir in renuuncing the succession, the abandonment of insured property to the underwriters.

For avoiding a loss. A phrase applicd to a defendant, as de lucro eapiando is toa plaintiff. 1 Litt. (Ky.) 51.

A taking of « solemn oath.

STATUTUM. The name of a statute passed in the reign of Edward I., which enacted severe and arbitrary penalties against the Jews.

For payment of the amount adjudged. A term applied in the Scotch law to bail to the action, or special bail.

Of judicial proceedings. The title of the second part of the Digests or Pandects, including the fifth, sixth, seventh, eighth, ninth, tenth, and eleventh books. See Dig. prowm. § 3

For appearing in court. A term applied in the Scotch and admiralty law, to bail for a defendant’s appearance.

Of right; legitimate; lawful; by right and just title. In this sense it is the contrary of de facto, (which see.) It may also be contrasted with de gratia, in which case it means "

In French marine law. Abandonment. Emerig. Tr. des Ass. eh. 17.

or BELLE, L. Fr. Of the most fair. A term applied to a species of dower, which wasassigned ont of the fairest of the husband’s tenements. Litt. $48. This was abolished with the mil

In Scotch law. To accuse. Delated, accused. Delatit off arte and parte, accused of being accessary to. J How. St. Tr, 425, 440.

From the side; on the side; collaterally; of collaterals. Cod. 5, 5, 6. DE LEGATIS ET FIDE COMMIS5-

<An accuser; an informer; a sycophant.

In oid English law. The reward of an informer. Whishaw.

L. Fr. In old English practice. Of well being; of form. The same as de bene esse. Britt. c, 39.

Lat. Choice of the person. By this term is understuod the right of a partner to exercise his choice and preference as to the admission of any new members to the firm, and as to the

A person who is delegated or commissioned to act in the stead of an- A person elected or appointed to be a member of a representative assembly. Usually spoken of one sent la a spec

THE HIGI COURT OF. In English law. Formerly the court of appeal from the ecclesiastical and admiralty courts. Abolished, upon the judicial commnittes of the privy council being con

A sending away; a putting into commission; the assignment of a debt to another; the intrusting another with a general power to act for the good of those who depute him. At common l

Writ for removing a leper. A writ to remove 4 leper who thrust himself into the company of his neighbors in any parish, in public or private piaces, to their annoyance. Keg, Orig.

In Scotch law. To erase; to strike out.

A quarry or mine. $1 Eliz.c.7. Deliberundum est din quod statuendum estsemel. 12 Coke, 74. That which ie to be resolved once for all should be long deliberated upon.

Writ of free fold. A species of quod permitiat. Reg. Orig. 155.

An ancient writ, that lay for the delivery to his ordinary of a clerk convicted of felony, where the ordinary did not challenge him according to the privilege of clerks. Reg. Orig.

Writ of free fishery. A species of guod permitiat. Reg, Orig. 155.

Writof free passage. A species of quod permitiat. Reg, Orig. 155.

A writ of various forms, to enable a citizen to recover the liberties to which he was entitled. Fitzh. Nat. Brey. 229; Reg. Orig. 262.

Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, commanding them to permit the persons named in the writ

Inthe civillaw. A wrong or injury; an offense; a violation of public or private duty. It will be observed that this word, tuken in its mest general sense, is wider in both directio

Lat. A delict, tort, wrong, injury, or offense. Actions ew delicto are such as are founded ona tort, as distinguished from actions on contract. Culpability, blameworthiness, or leg

To mark or lay out the limits or boundary line of a territory or country,

The act of fixing, marking off, or describing the limits or boundary line of a territory or country. Dilinguens per iram provocatus puniri debet mitius. 8 Inst, 55. A delinquent pr

In medical jurisprudence. A form of mental aberration incident to fevers, and sometimes to the last stages of chronic diseases.

A species of mental aberration or temporary insanity which is induced by the excessive and protracted use of intoxicating liquors.

In Spanish law. Crime; a erime, offense, or delict. White, New Recop. b. 2, tit. 19, c. 1, § 4.

In practice. The verdict rendered by a jury.

A bond given te the defendant, or the payment of their value, if so adjudged.

An order addressed, in England, by the owner of goods to a person holding them on his behalf, requesting him to deliver them to a person named in the order. Delivery orders are chi

In American law. A court of record of general criminal jurisdiction in and for the city and county of Philadelphia, in the state of Pennsylvania. COURT OF PALACE AT WRHST-

The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is a lunatic or not,

In medical jurisprudence, An insane delusion is an unreasoning and incorrigible belief in the existence of facts which are either impossible absolutely, or, at least, impossible un

An abbreviation for “demise;” ¢, g., Doe dem. Smith, Doe, on the demise of Smith.

See DEMESNE.

ov. In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court. “Although solemnly demanded, comes not, but makes default.”

n. Aclaim: the assertion ofa legal right; a legal obligation asserted in the courts. “Demand” isa word of art of an extent greater in its signification than any other word except “

In Spanish law. The pe- (" DEMANDANT. The plaintiff or party suing in areal action. Co. Litt. 127.

A demand which the defendant institutes in consequence of that which the plaintiff bas brought against him. Used in Louisiana,

A female demandant.

Inold Englishlaw. Death.

In Scotch law. Maliciously cutting off or otherwise separating one limb from another. 1 Hume, 323; Bell.

One whose mental faculties are enfeebled; one who has lost his mind; distinguishable from @mens, one totally insane. 4 Coke, 128.

Of unsound mind.

Fr. From this time forward. Keliam.

In medical jurisprudence. That form of insanity where the mental derangement is accompanied with a general derangement of the faculties. It is characterized by forgetfulness, inabi

Domain; dominical; held in one’s own right, and not of a superior; not allotted to tenants. Sea Demesne LANDs. In the language of pleading, own; proper; original. ‘Chus, son assuut

In English law. Those lands of a manor not granted out in tenancy, but reserved by the lord for his own use and oecupation. Lands set apart and appropriated by the lord for his own

Pertaining toa demesne.

In oid records. A half or moiety.

In some universities and col- J leges this Lerm is synonymous with “scholars.”

Half a mark; a sum of money which was anciently required to be tendered in a writ of right, the effect of such tender being to put the demanilant, in the first instance, upon proof

Partly oificial or au- ie thorized. Having color of ollicial right.

or DEMY-SANGUE. Half-blood.

One who demurs; the party who, in pleading, interposes a demurrer.

In practice. A record of the issue on a demurrer at law, containing a transcript of the pleadings, with proper entries; and intended for the use of the court and counselon the argu

This procecding (now practicaily obsolete) was analogous to a demurrer te a pleading. It Was in objection or exception by one of the parties in an action at law, to the effect that