Black's Law Dictionary

A writ for certifying. A writ directed to the sheriff, requiring him to certify to a particular fact. Reg. Orig. 24.

In the civll and old English law. Dcath; departure. Decet tamen' principem servare leges quibus ipse servatus est. It behoves, indeed, the prince to keep the laws by which he himse

Writ of champerty. A writ directed to the justices of the bench, commanding the enforcement of the statute of champertors. Reg. Orig. 183; Fitzh. Nat. Brev. 172.

L. Fr. Of flesh and blood. Affaire rechat de char et de sank. Words used in claiming a person to be a villein, in the time of Edward II. Y. B. P. 1 Edw. II. p. 4.

A writ for the enforcement of a right of way. Reg. Orig. 155.

Of victuals to be used. The title of a sumptuary statute passed 10 Edw. III. St 3, to restrain the expense of entertainments. Barring. Ob. St. 240.

To decide includes the power and right to deliberate, to weigh the reasons for and against, to see which preponderate, and to be governed by that preponderance. Darden v. Lines, 2

(Ten times as much.) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the nm

In ecclesiastical law. Tenths or tithes. The tenth part of the annual profit of each llving, payable formerly to the 'pope. There were several valuations made of these livings at d

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed "decimatio legionis" by the Romans. Sometimes only the twentieth man was punished, (vicesi

Tithes are due to the parish priest

Tithes are not to be paid from that which is given for tithes.

Dal. 50. Tithes belong to the parson by divine right and canonical institution.

A French coin of the value of the tenth part of a franc or nearly two cents.

Cro. Jac. 42. Tithes ought not to be paid where there is not an annual renovation, and from annual renovations once only.

It is safer to be deceived than to deceive. Lofft, 39a

In practice. A judgment or decree pronounced by a court in settlement of a controversy submitted to it and by way of authoritative answer to the questions raised before it. Adams v

In the civll law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his adversary, which the adversa

In the civil law. An oath which one of the parties defers or refers back to the other for the decision of the cause. —-Extrajudicial oatb. One not taken in any judicial proceeding,

See Clamea Admittenda, etc.

A person who makes a declaration.

In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting hi

A formal declaration or announcement, promulgated July 4, 1776, by the congress of the United States of America, m the name and bebalf of the people of the colonies, asserting and

A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is bona fide his intention to become a citizen of the United Sta

See Declaration.

See Bill of Rights.

See Bill of Rights, under Bill.

The act by which the person who holds the legal title to property or -an estate acknowledges and declares that he holds the same in trust to the use of another person or for certai

A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists between itself and another nation, and forbidding ali pers

In Scotch law. An action whereby it is sought to have some right of .property or of status or other right judicially ascertained and declared. Bell. —Declarator of trust. An action

An action resorted to against a trustee who holds property upon titles ex facie for his own benefit. Bell.

Explanatory; designed to fix or elucidate what before was uncertain or doubtful. —Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is c

In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 4

In practice. A binding declaration of right in equity without consequential relief.

A declaratory judgment is one which simply declares the rights of the parties, or expresses the opinion of the court on a question of law, without ordering anything to be done.

Hat which clearly defines rights to be observed and wrongs to be eschewed.

See Declaratory.

To solemniy assert a fact before witnesses, e. g., where a testator declares a paper signed by him to be his last will and testament. Lane v. Lane, 95 N. Y. 498. This also is one o

By daylight. Flete, lib. 2, c. 76, § 8.

Of close broken; of breach of close. See Clausum Fregit.

Writ for delivering a clerk arrested on a statute merchant. A writ for the delivery of a clerk out of prison, who had been taken and imprisoned upon the breach of a statute merchan

See Clerico Convicto, etc.

See Clerico Infra Sacros, etc.

Concerning the clergy. The title of the statute 25 Edw. III. St. 3; containing a variety of provisions on the subject of presentations, indictments of spiritual persons, and the li

In Scotch law. A plea to the jurisdiction, on the ground that the judge ls interested in the suit.

In French law. Pleas to the jurisdiction of the court; also of lis pendens, and of eonnexU6, (q. v.)

In English practice. The plea of sanctuary or of bane-fit of clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note; Id. 43

In Scotch practice. An objection to the jurisdiction of a judge. Bell.

The act of bailing a substance in water, for extracting its virtues. Also the liquor in which a substance has been boiled; water impregnated with the principles of any animal or ve

In the Roman law. A bankrupt; a spendthrift; a squanderer of public funds. Calvin.

In old English and Scotch law. Decollation; the punishment of beheading. Fleta, lib. 1, c. 21, § 6.

Of house burning. One of the kinds of appeal formerly in use in England. Bract, fol. 146b; 2 Reeve, Eng. Daw, 38.

For dividing a thing held in common. The name of an action given by the civll law. Mackeld. Rom. Law, § 499.

In Fr. Of common right; that is, by the common law. Co. Litt. 142a.

Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff or show cause to the contrary. Reg. Orig. 135-138; Fitzh. Nat. Brev. 117, E. The foun

By the advice (or direction) of the court.

In French law. A name formerly given to those persons who died without confession, whether they refused to confess or whether they were criminals to whom the sacrament was refused.

Concerning the conflict of laws. The title of several works written on that subject 2 Kent, Comm. 455.

Concerning persons jointly enfcoffed or seised. The title of the statute 34 Edw. I., which was passed to prevent the delay occasioned by tenants in novel disseisin, and other writs

Writs of cosinage.

In old criminal law. Of counsel; concerning counsel or advice to commit a crime. Fleta, lib. 1, c. 31, § 8.

By the advice or direction of the court. Bract, fol. 345b.

Writ to continue an assise. Reg. Orig. 217b.

Writ for taking a contumacious person. A writ which issues out of the English court of chancery, in cases where a person has been pronounced by an ecclesiastical court to be contum

Writ for delivering the copy of a libel. An ancient writ directed to the judge of a spiritual court, commanding him to deliver to a defendant a copy of the libel filed against him

Writ for electing a coroner. A writ issued to the sheriff in England, commanding him to proceed to the election of a coroner, which is done in full county court, the freeholders be

Writ for discharging or removing a coroner. A writ by which a coroner in England may be removed from office for some cause therein assigned. Fitzh. Nat Brev. 163, 164; 1 Bl. Comm.

From the body of the county at large, as distinguished from a particular neighborhood, (de vicineto.) 3 Bl. Comm. 360. Used with reference to the composition of a jury. State v. Ke

Writ for having a corody. A writ to exact a corody from a religious house. Reg. Orig. 264, Fitzh. Nat. Brev. 230. See CoRODT.

To inveigle, entice, tempt or lure; as, to decoy a person within the jurisdiction of a court so that he may be served with process, or. to decoy a fugitive criminal to a place wher

A letter prepared and mailed for the purpose of detecting a criminni, particularly one who is perpetrating frauds upon the postal or revenue laws. U. S. v. Whittier, 5 Dill. 39, Fe

A pond used for the breeding and maintenance of water-fowL Keeble v. Hickeringshall, 3 Salk. 10.

In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced

In Scotch law. An order of a probate court appointing an administrator.

A provisional decree, which will be made absolute on motion unless cause be shown against it. In English practice, it is the order made by the court for divorce, on satisfactory pr

In Scotch practice. A decree by which a debt is ascertained. Bell. In technical language, a decree which is requisite to found a title in the. person of the creditor, whether that

In Scotch law. A decree made after an arrestment (g. v.) ordering the debt to be paid or the effects of the debtor to be delivered to the arresting creditor. Bell.

One entered in a probate court, declaring the estate in question to be insolvent, that is, that the assets are not sufficient to pay the debts in full. Bush v. Coleman, 12l Ala. 54

In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivnient to the apportionment of a tithe rent-charge.

In Scotch law. A decree of the teind court modifying or fixing a stipend.

One entered in a suit for the annullment of a marriage, and adjudging the marriage to have been null and void ab initio See Nullity.

In Scotch law. A proceeding giving immediate execution to the creditor; similar to a warrant of attorney to confess judgment.

One entered in a court of equity in favor of the complainant where the defendant has made no answer to the bill and its allegations are consequently taken "as confessed." Ohio Cent

In Scotch law. The final Judgment or sentence of a court —Decreet absolvitor. A decree dismissing a claim, or acquitting a defendant. 2 Kames, Eq. 367. —Decreet arbitral. An award

A decree dismissing a claim, or acquitting a defendant. 2 Kames, Eq. 367.

An award of arbitrators. 1 Kames, Eq. 312, 313; 2 Kames Eq. 367.

When a creditor brings his action against the heir of his debtor in order to constitute the debt against him and attach the lands, and the heir appears and renounces the succession

One where the decision is in favor of the plaintiff. Ersk. Inst. 4, 3, 5.

A sentence of the court of sessions, (who are now in the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.

Lat. In old English law. Decrease of the sea; the receding of the sea from the land. Callis, Sewers, (53,) 65. See Reliction.

This term designates a person who is disabled, incapable or incompetent, either from physical or mental weakness or defects, whether produced by age or other causes, to such an ext

In the Roman law. Judicial sentences given by the emperor as supreme judge.

Moore, 906. The decrees of councils bind not our kings.

A supplemental collection of the canon law, published by Boniface VIII. in 1298, called, also, "Liber Sextus Decretalium," (Sixth Book of the Decretals.)

The decretals of Gregory the Ninth. A collection of the laws of the church, published by order of Gregory IX. in 1227. It is composed of five books, subdivided into titles, and eac

See Decree; Order.

In ecclesiastical law. Letters of the pope, written at the suit or instance of one or more persons, determining some point or question in ecclesiastical law, and possessing the for

In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign, in relation to ecclesiastical matters. Schm.

In the civil law. A species of imperial constitution, being a judgment or sentence given by the emperor upon hearing of a cause, (quod imperator cognoscens decrevit.) Inst 1, 2, 6.

Gratian's decree or decretum. A collection of ecclesiastical law in three books or parts, made in the year 1151, by Gratian, a Benedictine monk of Bologna, being the oldest as well