A Dictionary of Law

In old English law. A jodging srinn. Townsh. Pl. 35,

To turn aside; to turn out of the way; to alter the course of things. Usually applied to water-courses. Ang. Water-

In the practice of the English chaneery division, “dives costs” are costs on the ordinary scale, as opposed to the costs formerly allowed toa successful pauper suing or defending i

Equivalent to devest, (q. 2.)

A _ faet by means of which a right is divested, terminated, or extinguished; as the right of a tenant terminates with the expiration of his lease, and the right of a creditor is at

A fund to be divided. The share allotted to each of several persons entitied to share in a division of profits or property. Thus, dividend may denote a fund set apart by a corporat

In old records. An indenture; one counterpart of an indenture.

Lat. To divine; to conjecture or guess; to foretell. Divinatio, a conjecturing or guessing. Divinatio, non interpretatio est, que omnino recedit a litera. That is guessing, not int

Divine service was the name of a feudal tenure, by which the tenants were obliged to do some special divine services in certain; as to sing so many masses, to distribute such a sum

In oid English law. A device, award, or decree; also a devise; also bounds or limits of division of a parish or farm, etc. Cowell. Also a court held on the boundary, in order to’se

That which is susceptible of being divided. A contract cannot, in general, be divided in such & manner that an action may be brought, or a right accrue, ona part of it. 2 Pa. St, 4

In old English law. Severally; separately. Bract. fol. 47.

In English law. One of the smaller subdivisions of a county. Used in Lincolnshire as synonymous with “riding” in Yorkshire.

Conrts in England, consisting of two or (in special cases) more judges of the high court of justice, sitting to transact certain kinds of business which cannot be disposed of by on

In the practice of appellate courts, this term denotes such a disagreement among the judges that there is not a majority in fayor of any one view, and hence no decision can be rend

Lat. A divided jurisdiction. Applied, e g., to the jurisdiction of courts of common taw and equity over the same subject. 1 Kent, Comm. 366; 4 Steph, Comm. 9.

The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending its effects so far as conc

A divorce from table and bed, or from bed and board. <A partial or qualified divorce, by which the parties are separated and forbidden to live or cohabit together, without affectin

Fr. Of the goods of the deceased. Dyer, 32.

n. A minute, abstract, or brief entry; or the book containing such entries. A small piece of paper or parchment having the effect of a larger. Blount. In practice. A forinal record

v. To curiail or diminish, as to dock an entail.

n. The cagoor inclosed space ina criminal court where prisoners stand when brought in for trial. The space, in a river or harbor, inclosed between two wharves, 17 How, 454,

The sum charged for the use of a dock. In the case of a dry-dock, it has been held in the nature of rent. 1 Newb, Adm. 69.

v. To abstract and enter ina book, 93 Bl. Comm. 397, 395, To make a brief entry of any proceeding in a court of justice in the docket.

An officer invested with powers within the docks, and a certain distance therefrom, te direct the mooring and removing of ships, so as to prevent obstruction to the dock entrances.

In- English law, A warrant given by dock-owners to the owner of merchandise impurted and warehoused on the dock, upon the faith of the bills of lading, as a recognition of his titl

The title of a work written by St. Germain in the reign of Henry VIL. in which many principles of the common law are discussed in & popular manner. It id in the form of a dialogue

An institution near St. Paul's Churchyard, in London, where, for a long time previous to 1857, the ecclesiastical and admiralty courts used to be held,

A rule, principle, theory, or tenet of the law; as, the doctrine of merger, the doctrine of relation, ete.

An instrument on which is recorded, by means of lelters, figures, or marks, Matter which may be evidentially used. In this sense the term “document” stones on which inscriptions ar

The deeds, agreements, title-papers, letters, receipts, and other written instruments used to prove a fact. In the civil law. Jividence delivered in the forms established by law, o

Lat. In Roman law. A subdivision of the es, containing nine uzci; the proportion of nine-twelfths, or threefourths. 2 Bl. Comm. 462, note.

In Scotch law. An agent or attorney. 1 Kames, Eq. 325.

In old forest law. The manifest deprehension of an offender against yenison in a forest, when lie was found drawing after a deer by the scent of a hound led in his hand; or where a

In maritime law. A light ship or yessel; dogger-jish, fish brought in ships. Cowell.

Fishermen that belong to dogger-ships.

The Latin of illiterate persons; Latin words put together on the English grammatical system.

In the civil law. A word occasionally used as descriptive of an ordinance of the senate. See Noy. 2,1, 1; Dig. a, 1b.

The formal word by which serutces were reserved and expressed in old conveyances; as “rendering” (reddendo) was expressive of rent. Perk. c. 10, §§ 625, 635, 638.

A writ directed to those who had thrust a bailiwick or other office upon one in holy orders, charging them to release him, Reg. Orig. 143.

A part or portion of a meadow is so called; and the word has the general signification of share, portion, or the like; as “to dole out” anything among 80 many poor persons, meaning

A writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under eolor of entitling the king to land, etc., as any benefit thereof, but to put

Sax. A wound. Spelman.

A recompense for a scar or wound. Cowell.

Lat. Capable of malice or criminal intention; having sulfficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the eriminal laws.

Incapable of criminal intention or malice; not of the age of discretion; not possessed of sufficient discretion and intelligence to distinguish between right and wrong to the exten

or DOTT. A _ base coin of mon saying, when we would undervalue a man, that he is not worth a doit. Jacob.

The unit employed in the Uniled States in calculating money values, It is coined both in gold and silver, and is of the value of one hundred cents.

In Spanish law. Bad or mischievous design. White, New Recop. b. 1, tits Ihee.d; 8 0. Dolo facit qui petit quod redditurus est. He acts with guile who demands that which he will hav

In the civil law. Guile; deeeitfulness; malicious frand. <A fraudulent address or trick used to deceiye some one; afraud. Dig. 4, 3,1. Any subtle contriv- Such acts or omissions as

Fraud; deceit with an evilintention, Distinguished from dolus bonus, justifiable or allowable deceit. Calvin.; Broom, Max. 349; Mackeld. Rom. Law, § 179. Misconduct. Magna negligen

The complete and absolute ownership of land; a paramount and individual right of property in land. Also the real estate so owned. The inherent sovereign power claimed by the legisl

DOMBOC. (Sax. From dom, judgment, and bec, boc, a book.) Domebook or doom-book. A name given among the Saxons to a code of laws. Several of the Saxon kings published domboes, but t

(Sax.) Doom; sentence; judgment. An oath. The homager’s oath in the black book of Hereford. Blount.

DCMESDAY - BOOK. if (Sax.) An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal size, conta

(Sax.) An inferior king in matters in controversy. Cowell. Snitors inacourt of a manor in ancient demesne, who are judges there. Blount; Whishaw; Termes de la Ley.

Domestics, or, in full, domestic servants, are servants who reside in the same house with the master they serve. The term does not extend to workmen or laborers employed out of doo

adj. Pertaining, belonging, or relating toa home, a domicile, or to the place of birth, origin, creation, or transaction. See the following titles.

One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator.

Horses are embraced within this description. 2 Allen, 209. But dogs are not. 75 Me. 562.

A species of attachment against resident debtors who absent or conceal themselves, as foreign attachment (q. v.) is against non-residents. 20 Pa. St. 144,

A bill of exchange drawn on a person residing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. It is the residenc

Commerce carried on wholly within the limits of the United States, as distinguished from foreign commerce. Also, commerce carried on within the limits of a single state, as disting

Such as were created by the laws of the same state wherein they transact business.

One who resides and does business in the same state or country with his principal.

A judgment or decree is domestie in the courts of the same state or country where it was originally rendered; in other states or countries it is called foreign.

This term in a state statute is used, generally, of manufactures within its jurisdiction. 64 Pa. St. 100.

In old European law. A seneschal, steward, or major domo; a judge’s assistant; an assessor, (g. 0.) Spelman.

In old English law. A damsel. Fleta, lib, 1, ¢. 20, 8 80.

In old English law. A hetter sort of servant in monasteries; alsoan appellation of a king’s bastard.

That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a perman

Established in a given domicile; belonging to a given state or jurisdiction by right of domicile.

The home ofthe parents. Phillim. Dom. 25,101. That which arises from a man’s birth and connections. 5 Ves. 750. The domicile of the parents at the time of birth, or what is termed

Pertaining to domicile; relating toone’s domicile. Existing or created at, or connected with, the domicile of a suitor or of a decedent.

To establish one’s domicile; to take up one’s fixed residence in a given place. To establish the domicile of another person whose legal residence follows one’s own.

Domicile, (9. v.}

In old English law, Power over another; also danger. Bract. 1. 4, t. 1, ¢ 10,

(DAME.) A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell.

Thetenement whose owner, a8 such, enjoys an easement over an adjoining tenement is called the “dominant tenement;” while that which is subject to the easement is called the “servie

In old English law. Lordship.

That which denotes the Lord’s day, or Sunday.

(Dominica tn ramis palmarum.) L. Lat. Palm Sunday. Townsh.Pl. 131; Cowell; Blount,

The act of killing one’s lord er master,

Lat. Domain; demain; demesne. A lordship, That of which one has the lordship or ownership. That which remains under the lord's immediate charge and control. Spelman. Property; doma

Ownership, or right to property. 2 Bl. Comm. 1. “The holder has the dominion of the bill.” 8 East, 579. Sovereignty or lordship; as the dominion of the seas. Moll. de Jure Mar. 91,

In the civil law. Strict ownership; that which was founded on strict law, as distinguished from equity. In later law. Property without use; the Fight of a landlord. Tay]. Civii Law

The complete and absolute dominion in property; the union of the title and the exclusive use. 7? Cranch, 603. -

Eminent domnain. SS Dominium non potest esse in pendenti. Lordship cannot be in suspense, @.é., property cannot remain in abeyance. Halk. Law Max. 39.

Full ownership; the union of the dominium direcium with the dominium utile, Tayl. Civil Law, 478.

In the civil law. Equitable or pratorian ownership; Se that which was founded on equity. Mackeld. Rom. Law, § 827, note, In later law. Use without property; the right of atenant. T

Lat. The own- ee er being willing; with the consent of the owner.

In feudal and ecclesiastical law. A lord, or feudal superior. Dominus rew, the lord the king; the king's titie as lord paramount. 1 BI. Comm. 367. Dominus capitalis, a chief lord.

Lat. The master of the suit; ¢. e., the person who was really and directly interested in the suit as a party, as distinguished from his attorney or advocate. But the term is also a

In the civil law. The owner of a vessel. Dig. 39, 4, 11, 2. Dominus non maritabit pupillum nisi semel. Co, Litt. 9. A lord cannot give a ward in marriage but once. Dominus rex null

In French law. Damages.

A writ that lay for one against his neighbor, by the anticipated fall of whose house he feared a damage and injury to his own. Reg. Orig. 153.

An abbreviation of Dohouse of lords in England. Sometimes expressed by the letters D. P.

Lat. In the civil and old En. glish law. A house or dwelling; a habitation. Inst. 4,4,8; Townsh, Pl. 183-185,

In old records. A chapter-house; the chapber-house. Dyer, 268.

An ancient house built or appointed by King Henry