A Dictionary of Law

A collection or compilation, embodying the chief matter of numerous books in one, disposed under proper heads or titles, and usually by an alphabetical arrangement, for facility in

Digests. One of the titles of the Pandects of Justinan. Inst. proem, § 4. DBracton uses the singular, “ Digestum.” Bract. fol. 19.

Has been held as synonymous with “excavating,” and not confined to the removal of earth. IN. Y. 316.

The ordinary name of the Pandects of Justinian, which ave now usually ciled by the abbreviation “Dig.” instead of “Ff.,” as formerly. Sometimes cailed “Digest,” in the sinzular.

In canon law. A per. son holding an ecclesiastical benefice or dignity, which gave him some pre-eminence above mere priests andcanonus. To this clasa exclusively belonged all bisho

In Englishlaw. An honor; a title, station, or distinction of honor. Dignities are a species of incorporeal hereditaments, in which a person may have a property or estate. 2 Bl. Com

Judicial decision or determination.

In Spanish law. A space of time granted te a party to a suit in which to answer a demand or produce evidence of a disputed fact.

A species of ecclesiastical waste which occurs whenever the ineumbent suiters any edifices of his ecclesiustical living to go to ruin or decay. It is either voluntary, by pulling d

In chancery practice. One the object of which is to dismiss, suspend, or obstruct the suit, without touching the merits, until the impediment or obstacle insisted on shall be remov

A class of defenses at common Jaw, founded on some matter of fact not counected with the merits of the case, but such as might exist without impeaching the right of action itself.

Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anxiety; but the law recognizes o

(Fr. De lege ejecius, Lat.) Outlawed.

In old English law. Potlage formerly made for the king’s table on the coronation day. There was a tenure in serjeantry, by which lands were held of the king by the service ef findi

A silver coin of the United States, of the value of ten cents, or one-tenth of the dollar.

DIMIDIUM, DIMIDIUS. Half; a half; the half.

‘The moiety or half of a thing.

Inthe civillaw. Dirinution; a taking away; loss or deprivation. Diminutio capitis, loss of status or condition. See CAPITIs DIMINUTIO.

Incompleteuess. <A word signifying that the record sent up from an inferior to a superior court for review is incomplete, or not fully certified. In such case the party may suggest

In old conveyancing. I have demised. Dimist, cowcessi, et ad firmam tradidi, have demised, granted, and to farm let. The usual words of operation in a lease. 2 Bl. Comm. 317, 318.

In old conveyancing. [He] has demised. See Draisr.

Inthecivil law. Letters dimissory or dismissory, commonly called “apostles,” (que vulge apostoli dicuntur.) Dig. 50,16, 106. see AProsro Li,

Where a eandidate for holy orders has a title of ordination in one diocese in England, and is to be ordained in another, the bishop of the former diocese gives letters dimissory to

A government of two persons.

In Spanish law. Money. Dinero contada, money counted. White, New Recop. b. 2, tit. 18, c. 1, § 1, In Roman law. A civil division of the Roman empire, embracing several provinces. C

Belonging to a diocese; a bishop, as he stands related to hisown clergy or flock,

In Englishlaw. The consistorial courts of each diocese, exercising general jurisdiction of ali matters arising locally within their respective limits, with the exception of places

The district over which a bishop exercised his spiritual functions.

In the civil law. A royal charter; letiers patent granted by a prince or sovereign. Calvin. An instrument given by colleges and sccieties on the conferring of any degrees. A licens

Thescience which treats of the relations and interests of nations with nations. Negotiation or intercourse bet ween nations through their representatives. The rules, customs, and p

The acience of diplomas, or of ancient writings and decuments; the art of judging of ancient charters, publi¢ documents, diplomas, ete., and discriminating the true trom the false.

<A person subject to dipsemania. One who has an irresistible desire ior aleoholic liquors.

In medical j Jurtisprodence. An irresistible impulse to indulge in intoxication, either by the use of.aleohol or of drugs such as opium. This mania or disease is classed as one of

Diptychs; tablets of wood, metal, or other substance, used among the Romans tor the purpose of writing, and folded like a book of two leaves. The diptychs of antiquity were especia

Immediate; by the shortest course; without circuity; operating by an immediate connection or relation, instead of operating through a medium; the opposite of indirect. In the usual

Evidence directly proving any matter, as opposed to circumstantial evidence, which is often callet “indirect.” It is usually conclusive, but, like other evidence, it is fallible, a

In practice. The first interrogation or examination of a witness, on the merits, by the party on whose behalf he is called. This is to be distinguished from an examination in pais,

A direct interast, such as would render the interested party incompetent to testify in regard to the tnatter, is an interest which is certain, and. not contingent or doubtful. A ma

On the taking of a deposition, where written interrogatories are framed, those put by the party calling the witness are named “direct interrogatories,” (corresponding to the questi

1. The act of gaverning; management; superintendence. Also the body of persons (called “directors”) who are charged with the management and administration of a corporation or insti

Property is said to descend or be inherited in the direct line when it passes in lineal succession; from ancestor to son, grandson, great-grandson, and so on.

An offiver having the control, management, and superintendence of the United states mint and its branches. He is appointed by the

Persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of di

A provision in astatute, rule of procedure, or the like, is said to be directory when it is to be considered as a mere direction or instruction of no obligatory force, and involvin

Where, by the terms of a trust, the fund is directed to be vested in a particular manner till the period arrives at which it is to be appropriated, this is called a “directory trus

A direct tax is one which is dewanded from the very persons who, it is intended or desired, should pay it. indirect taxes are those which are demanded from one person,.in the expec

In Roman law. Officers who distributed ballots to the people, to be used in voting. Tayl. Civil Law, 192.

In canon law. Absolute Lars to marriage, which. would make it null ab initio.

The want of legal ability or capacity to exercise legal rights, either special or ordinary, or to do certain acts with. proper legal effect, or to enjoy certain privileges or power

In its ordinary sense, to disable is to cause a disability, (q. v.) In the old language of pleading, to disable is to take advantage of one's own or another's disability. Thus, it

These are acts of parliament, restraining and regulating the exercise of a right or the power of alienation; the term is specially applied to 1 Eliz. c. 19, and similar acts restra

To restore to their formoer condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 Bl. Comm. 416.

To repudiate; to ravoke a consent once given; to recall an affirmance. To rafuse one’s subsequent sanction to a former act; to disclaim the intention of being bound by an anteceden

The repudiation of a former transaction. The refusal by one who has the right to refuse, (as in the case of a voidable contract,) to abide by his former acts, or accept the legal c

To disable a person.

This is where the appropriation of a benefice is severed, either by the patron presenting a clerk or by the corporation which has the appropriation being dissolved. 1 Bl. Comm. 385

Torepudiate the unauthorized acts of an agent; to deny the authority by which he assumed to act.

In England, to deprive a barrister permanently of the privileges of his position; itis analogous to striking an attorney off the rolls, In Ameriea, the word deseribes the act of a

Money expended by an executor, guardian, trustee, ete., for the benefit of the estate in his hands, or in connection with its administration. The term is also used under the codes

In old English law. To discharge, to unload; as a vessel. Careare et discarcare; to charge and discharge; to load and unload, Cowell.

In old European law. To discharge or unload, as a wagon. Spelman.

In Roman law. The argument of a cause by the counsel on both sides. Calvin.

The opposite of charge, hence te release; liberate; annul; unburden; disincumber. In the law of contracts. To cancel or unioose the obligation of a contract; to make an agreement o

The repudiation or re nunciation of a right or claim vested in a person or which he hail formerly alleged to ba his. The refusal, waiver, or denial of anesfate or right offered toa

In Scotchlaw. Disavowal of tenure; denial that one holds lands of another. Bell.

To deprive commonable lands of their commonable quality, by in closing and appropriating or improving them.

One the enjoyment of which can be had only by the interference of man, as rights of way, or a right to draw water; as distinguished from a continuous easement, which is one the enj

See DisCONTINUOUS EASEMENT,

In a general sense. An allowance or deduction made from a gross sum on any account whatever. In a more limited and technical sense. The taking of interest in advance. By the langua

A bill broker; one who discounts bills of exchange and promissory notes, and advances money on securities.

Not married; not subject to the disabilities of coverture. It applies equally to a maid and a widow.

Inyention; finding out. The finding of an island or country not previously known to geographers. In patent law. The finding out some substance, mechanical device, improvement, or a

BILL OF. In equity pleading. A bill for the diseovery of facts resting in the knowledge of the defendant, or of deeds or writings, or other things in his custody or power; but seek

To destroy or impair the credibility of a person; to impeach; to lessen the degree of credif to be accorded to a witness or document, as by impugning the veracily of the one or the

A difference between two things which ought to be identical, as between one writing and another; a variance, (q: B.) Diseretio est discernere per legem quid sit justum. 10 Coke, 14

Suchas are not marked out on fixed lines, but ailow a certain amount of discretion in their exercise. Those which eannot be duly administered without the application of a certain d

In the civillaw <A proceeding, at the instance of a surety, by whieh the creditor is obliged to exhaust the property of the principal debtor, towards the satislaction of the debt,

In construing a policy of life insurance, it is generally true that, before any temporary ailment can be ealled a “disease,” it must be such as to indicate a vice in the constituti

An abolished judicial writ addressed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of u fine acknowledged before justices in eyre into the c

The act of disfranchising. ‘The act of depriving a member of a corporation of his right as such, by expulsion. 1 Bouv. Inst. no. 192. lt differs from amotion, (g. v.) which is appl

To deprive of the rights and privileges of a free citizen; to deprive of chartered rights and immunities; ta

In English law. To de prive lands of that principal quality of gavelkind tenure by which they descend equally among all the sons of the tenant. 2 Wood. Lect. 76; 2 Bl. Comm. 8d.

Iygnominy; shame; dishonor. No witness is required to disgrace himself. 13 How. State Tr. 17, 384.

In old English law, The depriving of an order or dignity.

A counterfeit habit; a dress Intended to conceal the person who wears it. Webster. Anything worn upon the person with the intention of so altering the Wearer’s appearance that he s

Disinheritance; depriving one of an inheritance. Obsolete,

In mercantile law and usage. To refuse or decline lo accept a bill of exchange, or to refuse or neglect to pay a bill or note at maturity. A negotiable instrument is dishonored whe

Toset at liberty, to free frum prison,

In thecivillaw. The act of depriving a forced heir of the inheritance which the law gives him.

The act by which the owner of an estale deprives a person of the right to inherit the same, who would otherwise be his heir,

Not concerned, in } DISINTERESTED WITNESS. One who has no interest in the cause or matter in issue, and who is lawfully competent to testify.

Lat. In the civil law. Separately; severally. The opposite of conjunctim, (qg. v.) Inst, 2, 20, 8.

A statement in a pleading or indictment which expresses or charges a thing alternatively, wilh the conjunction “or;” for instance, an averment that defendant “murdered, or caused t

One which is placed between two contraries, by the affirming of one of which the other is taken away; it is usually expressed by the word “or.”

Tenths; tithes, (¢. v.) The original form of “dime,” the name of tho American coin.

To send away; to discharge; to cause to be removed. To dismiss an action or suit is to send it out of court without any further consideration or hearing.

To redeem from mortgage,

Turbulent or riotous behavior; immoral or indecent conduct. The breach of the publie decorum and morality.

In criminal law. <A house the inmates of which behave 80 badly as to become anuisance to the neighborhooud. It has a wide meaning, and includes bawdy houses, common gaming houses,

Such as are dangerous or hurtful to the public peace and welfare by reason of their misconduet or vicious habits, and are therefore amenable to police regulation, The phrase is chi