A Dictionary of Law

Of showing the tablets of a will. Dig. 43, 5. DE TALLAGIO NON CONCEDEDR- DO. Of not allowing talliage. The name given to the statutes 25 and 384 Edw. I., re stricting the power of

To seize or take into custody another’s goods or person.

This term is used in policies of marine insurance, in the clause relating to “arrests, restraints, and detainments.” The last two words are construed as equivalents, each meaning t

Inold English law. A park or place fenced in for deer, and defended asa property and peculiar fur that use and service, Cowell.

The act of keeping back or withholding, either accidentally or by design, a person or thing. See DETAINER. DETENTION IN A REFORMA-

That which may cease or determine upon the happening of a certain contingency. 2 Bl. Comm. 121.

(Also called a “qualified” or “base” fee.) One which has a qualification subjoined to it, and which must be determined whenever the qualilication annexed to itis atan end. 2BI.Comm

Estates for life, which may determine upon future contingencies before the life for which they are created expires. As if an estate be granted to a woman during her widowhood, or t

That which is ascertained; what is particularly designated.

The decision of a court of justice. The ending or expiration of an estate or interest in property, or of a right, power, or authority.

Tocometoanend. To bring toanend, 2 Bl. Comm, 121; 1 Washb. Real Prop. 380. presence of witnesses, (denuntiatio facta cum testutione.) Dig. 50, 16, 40.

Of testaments. The title of the fifth part of the Digests or Pandects; comprising the twenty-eighth to the thirty-sixth books, both inclusive.

A writ which lay for a person who was prevented from taking toll, Reg. Orig. 103.

In practice. A form of action which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together

In pleading. An action of replevin is said to be in the detinuzt when the plaintiff acquires possession of the property claimed by means of the writ. ‘The right to retain is, of co

To be torn in pieces by horses. Fleta, 1. 1, ¢. 37.

A writ of trespass. Reg. Orig. 92.

deed de una parte is one where only one party grants, gives, or binds himself to do a thing to another. It differs from a deod infer partes, {g.v.) 2 Bouv. Inst. no. 2001.

pl. DEUNCHS. Lat. In the Roman law. A. division of the as, containing eleven uncie or duodecimal parts; the proportion of eleven-twelfths. 2 Bl. Comm, 462, note. See As. Deus solus

The wet, or condition, of one who marries a wife after the death of a former wife.

A writ which lay where a man’s wife had been ravished and carried away. <A species of writ of trespass. Reg. Orig. 97; Fitzh. Nat. Brev. 89, O; 3 Bl. Comm. 139.

or DIVADIATUS. An offender without sureties or pledges. Cowell.

Wasteful use of the property of a deceased person, as for extravavant funeral or other unnecessary expenses. 2 Bl, Comm. 508.

They have wasted. A term applied in old English law to wiste by executors and administrators, and to the process issued ayainst them therefor. Cowell. see Devas Tavit.

Lat. He has wasted. The act of an executor or administrator in wasting the goods of the deceased; mismanagement of the estate by which a loss occurs; a breach of trust or misapprop

Writ of waste. A writ which might be brought by him who had the immediate estate of inheritance in reversion or remainder, against the tenant for life, in dower, by curtesy, or for

A writ, now obsolete, directed to the king's escheators when any of the king’s tenants ii eapite dies, and when his son and heir dies within age and in the king’s eustody, commandi

A writ to inspect the body, where a woman feigns to be pregnant, to see whether she is with child. It lies for the heir presumptive to examine a widow suspected to be feigning preg

Word for word. Braet, fol. 1388. Literally, from word to word. DE VERBORUM SIGNIFICA-

Writ _ of (or for) removing lay force. A writ which lay where two parsons contended for a church, and one of them entered into it with a great number of Zaymen, and held out the ot

Capable of being devised. l Pow. Dey. 165; 2 Bl. Comm, 373.

In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and deni

A gift of real property by will. Devise properly relates to the disposal of real property, not of personal. 21 Barb. 551, 561. Devise is properly applied to gifts of real preperty

The person to whom lands or other real property are devised or given by will. 1 Pow. Dev. ec. 7.

A giverof lands or real estate by will; the maker of a will of lands; a testator.

Fr. Duty. It is used in the statute of 2 Rich. I. ¢. 3, in the sense of duties or customs.

In ecclesiastical law. The forfeiture of a right or power (as the right of presentation to a living) in consequence of its non-user by the person holding it, or of some other aet o

“To devolve means to pass from a person dying to a person living; the etymology of the word shows its meaning.”

In English law. A person who, being an alien born, has obtained, ex donatione reyis, letters patent to make him an English subject,—a high and incoismn- @nicable branch of the roya

Lat. In Roman law. A division of the as, consisting of ten uncie; ten-twelfths, or five-sixths. 2 Bl. Comm. 462, note m.

One at the right hand of another.

To shake hands in token of friendship; or to give up oneself to the power of another person.

A sort of lynch law, ya person was first punished and then tried. Wharton. Iz. To aubsist; to exist; to be susable; to be proper or available. Thus phrase “an action will not Jie”

cleatly directed to the sheriffs of London, commianding them, in cases where a wril of error was brought by a defendant against whom a judgment was reevvered, to see that his goods

A writ for the enforce ment of aright of way. Reg. Orig. 155,

For dividing athing heldincommon. The name of an action given by the civil law. Mackeld. Rom. Law, § 499.

From to day day. Bract. fol. 2058, DE DIVERSIS REGULIS JURIS

Inthe civillaw. An accusulion or information.

In English ecclesiastical law. ‘The taking away from a clergyman his benefice or other spiritual proinotion or diguity, either by sentence declaratory in the proper court for fit a

In Mevyican law. The desamoriizacion of property is to take it out of morbmain, (dead hands;) that is, to unlouse it from the grasp, as it were, of ecclesiastical or civil corporat

The office of a deacon.

A deacon.

A medical term, meaning the discovery of the source of a patient’s Il ness.

That branch of logic which teaches the rules and modes of reasoning.

A rhetorical figure in which arguments are placed in varions points of view, and then turned to one point. Ene. Lond.

Dialogue of or about the exchequer. An ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of London in th

A logical reasoning in a progressive manner, proceeding from one subject to another, Ene. Lond.

Daily food, or as much as will suffice for the day. Du Cange.

In old English law. A tally for accounts, by number of cuts, (taéllees,) marks, or notches. Cowell. See TALitia,

Days in court on ich the laws are administered.

Inimaritimelaw. The contract which takes place vetween the owner of a ship, the captain, and the mariners, who agree that the voyage shall be for the benelit of all, The term is us

To order or instruct what is to be said or written. To pronounce, word by word, what is meant te be written by another. 6 Mart. (N. 5.) 143.

In Louisiana, this term is used in a technical sense, and means te pronounce orally what is destined to be written at the same time by another. It is used in reference to nuncupati

A magistrate invested with unlimited power, and created in times of national distress and peril. Among the Romans, he continued in office for six months only, and had unlimited pow

Arbitrators,

In general. A statement, remark, or observation. Gratis dictum; a gratuitous or voluntary representation; one which a party is not bound to make. 2 Kent, Comm. 486. Simplex dictum;

The edict or declaration of Kenilworth An edict or award between King Henry IIT. and all the barons and others who had been in arms against him; and so called because if was made a

Lat. In Roman law. This name wag given to a notice promulgated by a magistrate of his intention to present an impeachment ayainst a citizen before the people, specifying the day ap

(Lat. He has closed his last day,—died.) A writ which formerly lay on the death of a tenant, in capite, to ascertain the lands of which he died seised, and reclaim them into the ki

A writ or commission for the hearing and determining any outrage or misdemeanor.

Lat. A day; days. Days for appearance in court. Provisions or maintenance fora day. The king’s rents were anciently reserved by so many days’ provisions. Spelman; Cowell; Blount.

A day of favor. The name given to the appearance day of the term on the fourth day, or quarto die post. It was the day given by the favor and indulgence had their appearance record

(The day from which.) K in the civil law. The day from which a transaction begins; the commencement of it; the eenclusion being the dies @d quem. Mackeld. Rom. Law, § 185.

The day begins; dies ventt, the day has come. Two expressions in Roman law which signify the vesting or fixing of an interest, and the interest becoming a present-One, Sandars’ Jus

<A day given or allowed, (to a defendant in an action;) amounting toa coutinuanee. But the name was approprinte only to a continuance before a declaration filed; if afterwards allo

A day given in the bench, (or court of common pleas.) Dract. fols. 2576, 361. A day given in bank, as distinguished from a day at 2st prius. Co. Litt. 135.

A day given to the parties to an action; an adjournmentor continuance. Crabb, Eng. Law, 217.

A day given on the prayer of the parties. Braet. fol. 358; Gilb. Comm. Pl. 41; 2 l Keeve, Eng. Law, 60.

In old English Jaw. The added or increasing day in leap year. Bract. fols. 359, 3590.,

Lat. In the civil law. Holidays. Dig. 2, 12, 2, 9. Co. Litt. 1346. The quarto die post was sometimes 30 called. Id. 105. Dies inceptus pro compisto habetur. A day begun is held as

In Roman law. Divided days; days on which the courts were open for a part of theday. Calvin.

In the civil and old English law. A lawful or law day; a term day; a day of appearance.

Inold English law. The duy of meeting of English and Seotech, which was annually held on the oyarches or borders to ailjust their differences and preserve peace.

In Roman law. Days on which the courts were closed, and it was unlawful to administer justice; answering to the dies now juridiel of the English law. Mackeld. Rom. Law, § 39, note.

An abbreviation of Dies non juridicus, (gq. v.)

In practice. A day not juridical; not a courtday. <A day on which courts are not open for business, such as Sundays and some holidays.

(Lat. Day of peace.) The year was formerly divided into the days of the peace of the chureh and the days of the peace of the king, including in the two divisions all the daysof the

In old English law. A solar day, as distinguished from what was called “dies lunaris,” (a lunar day;) both composing an artificial day. Bract, fol. 264. See Day.

In the civil and old English law. Sunday, (literally, the day of the sun.) See Cod. 3, 12, 7.

Juridical days; useful or available days. A term of the Roman law, used to designate those especial days o¢curring within the limits of a prescribed peried of time upon which it wa

A general legislative assembly is sonietimes so called on the continent ot Europe. for the trial of 2 eriminal cause. <A criminal cause as prepared for trial.

A day’s journey; a day's work; a day's expenses.:

Lat. In old writs. An abbreviation of dilecto et jfidelt, (to his beloved and faithful.)

In Scotch law. The days within which parties in civil apd eriminal prosecutions are cited toappear. Bell.

Fr. God and iny right, The motto of the royal arms of Engiand, tirst assumed by Richard I.

Fr. Inoldlaw. God his act; God's act. An event beyond litiman foresight or control. Termes de la Ley.

See Dyna Wirnout Issur.

To destroy; to disfigure or defice. Diffiicile est ut unus homo vicem duorum sustineat. 4 Coke, 118. It is diftienlt that one man should sustain the place of two.

In old English law. To deny, or keep from one. Difforeiare rectum, to deny justice to any one, after having been required to de it.

or DIGAMY. Second marriage; marriage to a second wife after the death of the first, as “bigamy,” in law, is having two wives at once. Orizinally, a min who murried a widow, or marr