A Dictionary of Law

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

A

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,