A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 11,175 terms defined in A Dictionary of Law. Browse all dictionaries
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.
- De Judicato Solvendodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
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
- De Judicio Sistidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
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
- Delatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
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.
- Delaturadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
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
- Delegationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
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
- De Leproso Amovendodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
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.
- De Libera Piscariadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Writ of free fishery. A species of guod permitiat. Reg, Orig. 155.
- De Libero Passagiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
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.
- De Licentia Transfretandidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
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
- Delictdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
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
- Delictumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
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.
- Deliverancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In practice. The verdict rendered by a jury.
A bond given te the defendant, or the payment of their value, if so adjudged.
- Delivery Orderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
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.
- Demaindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
See DEMESNE.
- Demanddefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
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.
- Demand In Reconventiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
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.
- Demembrationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Scotch law. Maliciously cutting off or otherwise separating one limb from another. 1 Hume, 323; Bell.
- Demensdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
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.
- Dementiadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
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
- Demesnedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Burrill (1850)
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
- Demesne Landsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
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.
- Demurrer Bookdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
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
DEMY SANGUE. Half-blood. A corruption of demi-sang.
A valley. Blount. A hollow place among woods. Cowell.
In old English law. Liberty for ships or vessels to run aground, or come ashore. Cowell,
Inold Englishlaw. <As much land as is worth one penny per anenum.
- Denariidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
An ancient general term for any sort of peeunia numerata, or ready money. The French use the word “denier” in the same sense,—payer de ses propres deniers.
In English law. Customary oblations made to a cathedral church at Pentecost. DENARITI §. PETRI. (Commonly called “Peter’s Pence.”) An annual payment on St. Peter’s feast of a penny
- Denariusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The chief silver coin among the Romans, worth 8d.; it was the seventh part of a Roman ounce. Also an English penny. The denarius was first coined five years before the first Punic
In old English law. <A third part or penny of the eounty paid to its earl, the olher two parts being reserved to the crown.
A writ
- Denialdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A traverse in the pleading of one party of an allegation of fact set up by the other; a defense.
Fr. In old English law. Denial; refusal. Denier is when the rent (being demanded upon the land) is not paid. Bineh, Law, b. 3,.¢e. 5. DENIER A DIEU In French law. Tarnest money; a
- Denizationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of making one a denizen; the conferring of the privileges of citizenship upon an alien born, Cro. Jac. 540. See Denizun. DENI4AE. To make a man a denizen or citizen,
In French feudal law. A minute or act drawn up, on the ereation of a fief, containing a deseription of the fief, and all the rights and incidents belonging to it. Guyot, Inst. Feud
Fr. Of unsound memory or mind; a phrase synonymous with non compos mentis.
- Denouncementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In Mexican law. A denouncement was a judicial proceeding, and, though real preperty might be acquired by an alien in fraud of the law,—that is, without observing its requirements,—
In the civil law. A form of interiict or injunction which lies in sume cases where the defendant is about to erect a “new work” (q. ®) in derogation or injury of the plaintiff’s ri
Anew; afresh; a second time. A venire de novo is a writ for summoning a jury for the second trial of a case which has been sent back from above for a new trial. De nullo, quod est
(Otherwise called “burn-beating.”) A method of improving land by casting parings of earth, turf,and stubbuleinto heaps, which when dried are burned into ashes fora compost. Cowell,
The act of present payment.
In Spanish law. The denouncement of a new work; being a proceeding to restrain the erection of some new work, as, for instance, a building which may, if completed, injuriously affe
- Denunciationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In the civil law. The act by which an individual informs a In Scoteh practice. The act by which a person is declared to be a rebel, who has disobeyed the charge given on Jetiers of
- Denuntiatiodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A public notice or sumroons. Bract. 2026.
- Deodanddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
(L. Lat. Deo dandum, a thing to be given to God.} In English law. Any personal chattel which was the immediate occasion of the death of any reasonable erenture,and which was forfei
- De Odio Et Atiadefined inBallentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was eommitted upon just cause of suspicion, or merely propter odium et atiam, (thro
Fr. Of office; in virtuo of office; officially; in the discharge of ordinary duty. DE ONERANDO PRO RATA POR-
In old English law. The hedge inclusing a deer park. “DEPART. In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See Ds-
Of peace [breach of peace] and robbery. One of the kinds of criminal appeal formerly in use in England, and which lay in eases of rubbery and breach of the peace. Bract. fol. 146;
Span. By word; by parol. White, New MRecop. b. 2, tit. 19, ¢. 3, § 2.
A writ or ac tion for damages caused by a pound-breach, (gq. v.) It has long been obsolete. Co. Litt. 47b,; 3 Bl. Comm, 146.
A writ which lay to make partition of lands or tenements held by several as coparceners, tenants in common, ete. Reg. Orig. 76; Fitzh, Nat. Brev. 61, R; Old Nat. Brev. 142. DE PERA
- Departmentdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
1. One of the territorial divisions of a conntry. The term is chiefly used in this sense in France, wherethe division of the country into departments is somewhat analogous, both te
Inold Englishlaw, To pasture. “Ifa man depastures unprofitable cattle in his ground.” Bunb. 1, case 1.
A robbing of the prince or commonwealth; an embezzling of the public treasure,