A Dictionary of Law

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

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