A Dictionary of Law

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.

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.