A Dictionary of Law

A territory distinct from the country in which the supreme sovereign power resides, but belonging rightfully to it, and subject to the laws and regulations which the sovereign may

One which depends or is conditioned upon another. One which it is not the duty of the contractor to perform until some obligation contained in the same agreement has been performed

In practice. Pending or undetermined; in progress. See 5 Coke, 47.

A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks on the case of

Of a plea; of or in an action. Formal words used in declarations and other proceedings, as descriptive of the particular actiou brought.

Of eases of wounding and maiming. Bract. fol. 1443; 2 Reeve, Eng. Law, 34. See Ap-

Lat. On the ground; on alevel. A term of the Roman law descriptive of the method of hearing causes, when the pretor stood on the ground with the snitors, instead of the more formal

Writ for acquitting or releasing pledges. A writ that lay for a surety, against him for whom he had become surety for the payment of a certain sum of money at a certain day, where

In Scotch practice. To depose; to inake oath in writing.

In practice. One who deposes (that is, testifies or makes oath in writing) to the truth of certain facts; one who gives under oath testimony which is reduced to writing; one who ma

In old Scotch practice. A deponent. 3 How. State Tr. 695.

In old English law. The crime of destroying, rayaging, or laying waste a country. 2 Hale, P. ©, 333; 4 Bl. Comm. 373.

In old English law. A species of waste by which the population of the kingdom was diminished. Depopulation of houses was a public offense. 12 Coke, 80, 31,

Lat. In the civil law. A kind of banishment, where a condemned person was sent or carried away to some foreign country, usually to an island, {in énsulam deportatur,) and thus take

Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights, A punishment derived from the deporitatio (q. v.) of the Roman law, and sti

GRATUITOUS. Gratuitous deposit, is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited. Civil Code Cal. § 1844.

An account of sums lodged witha bank not to be drawn -upon by cheeks, and usually not to be withdrawn except after a fixed notice.

The party reeeiving a deposit; one with whom anything is lodged in trust, as “depository” is the place where ifis put. The obligation on the part of the depositary is that he keep

In Seotech law. Deposit or depositum, the species of bailment socalled. Bell.

<A company whose business is the safe-keeping of securities or other valuables depesited in boxes or sates in its building which are leased to the depositors.

The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general Jaw on the subjec

In Spanish law Deposit; the species of bailment so called. Schm. Civil Law, 193.

A method of pledging real property as security

One who makes a deposit.

‘The place where a deposit (g. v.) is placed and kept.

One of the four real contracts specified by Justinian, and having the following characteristics: (1) The depositary or depositee is not liable for negligence, however extreme, but

Writ of post disseisin. A writ which lay. for him who, having recovered lands or tenements by precipe quod reddat, on default, or reddition, was again disseised by the former disse

In the French law, is the depositum of the Roman and the deposit of the English law. It is of two kinds, being either (1) depot simply so called, and which may be either voluntary

Of the present; in the present tense. See PER VERBA DE

To defame; vilify; exhibit contempt for. In England itis a criminal offense to “deprave” the Lorid’s supper or the Book of Common Prayer. Steph. Crim. Dig.- 99.

Infrenchlaw. The pillage which is made of the goods of a deeedent,

Ina constitutional provision that no person shall be “deprived of lis property” without due process of law, this word 1s equivalent to the term “tuke,” and denotes a taking altoget

Writ for proving property. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. 3 Bl. C

The statute 17 Edw. I. St. 1, c. 9, defining the prerogatives of the crown on certain subjects, but especially directing that the king shall have ward of the lands of idiots, takin

To appoint a deputy; to appoint or commission one to act as deputy to an officer. In a general sense, the teri is descriptive of empowering one person te act for another in any cap

A substitute; a person duly authorized by an oilicer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. A deputy differs from

The deputy of a lord lieutenant of a county in England.

A steward ofa manor may depute or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief steward in

An ancient writ of entry.

In equity, De jure stricto, nihil possum vendicare, de eguitate tamen, nitilo modo hoc obtinet; in strict law, I can claim nothing, but in equity this by no means obtains. Fleta, l

and DE QUIBUS. Of “in the guo,” or “in the quibus.” 8 Reeve, Eng. Law, 33.

Seems to mean, literally, to confound and. disorder, or to turn out of a course, or displace; as deraignment or departure ou€ of religion, in St. 81 Hen. VIIL e. 6. Tn the common l

Of the ravishment of maids. The name of an appeal formerly in use in England in eases of rape. Bract. fol. 147; 2 Reeve, Eng. Law, 38. DE RATIONABILI PARTE BONO-

Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries between the lands of persous in different towns, where one complained of encroachment. Reg. Orig. 1

In English criminal law. Theact of drawinga eondemned criminal on « hurdle trom the place of prison to the place of execution. 4 Bi. Comin. 377. Where a man was hanged on an appeal

Of things. The title of the third part of the Digests or Pandects, comprising books 12-19, inclusive.

Of doubtful things or matters, Dig. 34, 5. DE RECORDO ET PROCESSU

In Spanish law. Law or right. Derecho comun, common law. The civil law is so called. A right. Derechos, rights,

Writ of right. Reg. Orig. 1, 2; Braet. fol. 3276. See Writ or Rient.

Writ of right of advowson. Reg. Orig. 298. A writ which lay for one who had an estate in an advowson to him and his heirs in feesimple, if he were disturbed to present. Fitzh, Nat.

Writ of redisseisin. A writ which Jay where a man recovered by assise of nov or common, and the like, and was put in sae: session thereof by verdict, and afterwards was disseised o

Forsaken; abandoned; deserted; cast away. Personal property abandoned or thrown away by the owner in such manner as to indicate that he intends to make no further claim thereto. 2

The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of aldwvion, (g. 0.) Dyer, 3266; 2 Bl. Comm. 262; 1 Steph. Com

A writ by which one tenant in common seeks to compel another to aid in repairing the property held in common. 8 Barn. & C. 269.

Writ of rescue or rescous. A writ which lay where cattle distrained, or persons arrested, were rescued from those taking them. Reg. Orig. 117, 118; Fitzh. Nat. Brev. 101, C, G.

For haying a return; to haveareturn. A term applied tothe judgment for the defendant in an action of replevin, awarding him a return of the goods replevied; and to the writ or exec

Fr, sia of nothing; not guilty.

Coming from another; taken from something preceding; secondary; that which has not its origin in itself, but owes ils existence to something foregoing.

Conveyances which presuppose some other couveyanece preeedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original econy

‘The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force. Distinguished from abrogation, which means the entire re

In a will, this is a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter shou

In Spanish law. An irregular action committed with violence againsl law, custom, or reason.

A writof safeguard allowed to strangers seeking their rights in English courts, and apprehending violence or injury to their persons or property Reg. Orig. 26. j

A writ of safe conduct. leg. Orig. 255, 26.

Fr. Of his or her life; of his own life; as distinguished from pur autre vie, for another's life. Litt. §§ 35, 36.

Of or concerning the exchequer. The title of a statute passed in the fifty-first year of Henry III. 2 Reeve, Eng. Law, 61.

One who is descended from another; a person who proceeds trom the body of another, such as a child, grandchild, etc., to the remotest degree. The term in a will, and includes all w

Descent; in the descent. See ForMEDON.

Hereditary succession. Succession to the ownership of an estate by inheritanee, or by any act of law, as distinguisheil from “purchase.” Title by descent is the title by which one

The devolving of —— realty upon the heir on the death of his aneestor intestate,

Lat. DeeS scription of the person. By this is meanta word or phrase used merely for the purpose of identifying or pointing out the person intended, and not as an intimation that th

1. A delineation or account of a particular subject by the recital of its characteristic accidents and qualities. 2. A written enumeration of items composing an estate, or of its c

To leave or quit with an intention to cause a permanent separation; to forsake utterly; to abandon.

The act by which a seaman deserts and abandons a ship or vessel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in

In Spanish law. Dishonor; injury; slander. Las Puartidas, pt. 7, tit. 9, 1. 1, 6.

In the law of evidence. Purposs or intention, combined with plan, or implying a plan in the mind. Burrill, Cire. Ey. 3dl. As a term of art, the giving of a visible form to the conc

A description or deseriptive expression by which a person or thing is denoted in a will without using the names

The de scription of a person or a parly to a deed or coutract, Designatio unius est oxclusio alterius, et expressum facit cessare tacitum. Co. Litt. 210. he specifying of one is th

Thisterm, used ina will in relation to the management and distribution of property, is guilicient to create a trust, ale though it is precatory rather than imperative. 7% iy. 128.

A term used in the Spanish law, denoting the act by which the boundaries of an estate or portion of a country are determined.

In Spanish law. Persons deprived of memory. Whiltv, New Recop. b. 1, tit. 2, ¢. 1, § 4.

Fr. Of his own wrong. <A stranger who takes upon him to acl as an executor without any just authority is called an “executor of his own wrong,” (de son tort.) 2 Bl. Comm. 507; 2 St

Of his own wrong. The law Freneh equivalent of the Latin phrase de injuria, (q. v.)

In marilime law. Persons appointed to settle cases of averugea.

Official communications of official persons on the uifairs of govern. ment,

Hopeless; worthless, This term is used in inventories and schedules of assets, particularly by executors, etc., to deseribe debts or claims which are considered impossible or hopel

Contempt. Despitz, contempts. Kelham.

Contempt. See DESPITE. A contemptible person. Fleta, lib.4, e. 5.

This word involves, in its signification, violence or clandestine means by which one is deprived of that which he possesses. Its Spanish equivalent, despojar, is a term used in Mex

A possessory action of the Mexican law. It is brought to recover possession of inimovable property, of which one las been despoiled (despojado) by another. The word “despoil” (desp

The act of betrothing persons to each other.

In Spanish law. Espousals; mutual promises of future marriage. White, New Recop. b. 1, tit. 6, c. 1, § 1.

This word, in its original and most simple acceptation, signifies master and supreme lord; it is synonymous with monarch; but taken in bad part, as it is usually employed, it signi

That abuse of government where the sovereign power is not divided, but united in the hands of a single man, whatever may be his official title. It is not, properly, a form of gover

In French law. When a person is declared bankrupt, he is immediately deprived of the enjoyment and administration of all his property; this dep- Tivation, which extends to all his

The writ of statute merchant. Reg. Orig. 146).

In Romanlaw. One of the innominate contracts, and, in effect, a sule of land or goods at a price fixed, (a@séimato,) and guarantied by some third party, who undertook to find a pur

‘The purpose to which legacy when he prescribes the specific use to which it shall be put. The port at which a ship is to end her voyage is called her “port of destination.” Pardes

To weary a person with continual barkings, and then to lite; spoken of dogs. Leg Alured. 26, cited in Cunning. ham’s Dict.

Disuse; cessation or dis- ‘continuance of use. Applied to obsolete E statutes.