Black's Law Dictionary

The act of depriving of a crown.

To cry down; to deprive of credit "The king may at any time decry or cry down any coin of the kingdom, and make it no longer current." 1 BL Comm. 278.

Henceforth.

Lat From whom. A term used to designate the person by, through, from or under whom another claims. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.

An obsolete writ, to require a defendant to fence in his court or land about his house, where it was left open to the injury of his neighbor's freehold. 1 Crabb, Real Prop. 314; Ru

Lat. A decurion. In the provincial administration of the Roman empire, the decurions were the chief men or official personages of the large towns. Taken as a body, the decurions of

Of course. The usual, necessary, and formal proceedings.in an action are said to be de cursu; as distinguished from summary proceedings or such as are incidental and may be token o

Writ for admitting a guardian. Reg. Orig. 93b, 198.

Writ for removing a guardian. Reg. Orig. 198.

Breve, L. Lat Writ of ward or writ of right of ward. A writ which lay for a guardian in knight's service or in socage, to recover the possession and custody of the infant or the wa

In Saxon law. An actual homicide or manslaughter.

A writ of debt Reg. Orig. 139.

In Roman law. "Of cutting a debtor In pieces." This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators ha

A writ of deceit which lay against one who acted in the name of another whereby the latter was damnified and deceived. Reg. Orig. 112.

A writ that lay where one was distrained for rent that ought to be paid by others proportionably with him. Fitzh. Nat Brev. 234; Termes de 1a Ley.

(Lat. I have given.) A word used in deeds and other instruments of conveyance when such instruments were made in Latin, and anciently held to imply a warranty of title. Deakins v.

To appropriate and set apart one's private property to some public use; as to make a private way public by acts evincing an intention to do so.

In reni property law. An appropriation of land to some publlc use, made by the owner, and accepted for such use by or on behalf of the publlc; a deliberate appropriation of land by

The feast of dedication of churches or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all

From day to day. Bract fol. 205b.

I have given and granted. The operative words of conveyance in ancient charters of feoffment, and dceds of glft and grant; the English "given and granted" being still the most prop

(Lat. We have given and granted.) Words used by the king, or where there were more grantors than one, instead of dedi et concessi.

(We have given power.) In English practice. A writ or commission issuing out of chancery, empowering the persons named therein to peri form certain acts, as to administer oaths to

In old English practice, A writ, issued by royal authority, empowering an attorney to appear for a defendant Prior to the statute of Westminster 2, a party could not appear in cour

The act of yielding up anything ; surrender.

In Roman law. Criminals who had bcen marked in the face or on the body with fire or an iron, so that the mark could not be erased, and subsequently manumitted. Calvin.

Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims. Dig. 50, 17.

Of or founded upon fraud. Dig. 4, 3. See Actio de Dolo Malo.

A writ which lay for one tenant in common to compel his co-tenant to contribute towards the repair of the common property.

Concerning gifts, (or more fuily, de donis conditionalibus, concerning conditional gifts.). The name of a celebrated English statute, passed in the thirteenth year of Edw. I., and

Writ for assigning dower. A writ which lay for the widow of a tenant in capite, commanding the king's escheater to cause her dower to be assigned to her. Reg. Orig. 297; Fitzh. Nat

A writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is still sometimes used in the U

By "deduction" is understood a portion or thing which an heir has a right to take from the mass of the succession before any partition takes place. Civll Code La. art 1358.

In marine insurance. An allowance or drawback credited to the insurers on the cost of repairing a vessel for damage arising from the perils of the sea insured against. This allowan

A scaled instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs. A writing conta

In conveyancing. A deed executed or purporting to be executed in parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is w

A deed conveying the title to land in fee simple with the usual covenants. Rudd v. Savelli, 44 Ark. 152; Moody v. Railway Co... 5 Wash. 699, 32 Pac. 751.

In Scotch law. A deed executed by the creditors of a bankrupt or insolvent debtor, by which they approve of a trust given by their debtor for the general behoof, and bind themselve

Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalt

In English law. An instrument entered into between an insolvent debtor and his creditore, appointing one or more persons to inspect and oversee the winding up of such insolvent's a

A deed operating by way of release, in the sense of the sixth definition given above; but more specifically, in those states where deeds of trust are in use instead of common-law m

An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whi

A deed made for the purpose of settling property, i. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "settlor ;" and usuall

An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to

In conveyancing. A deed of one part or made by one party only; and originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it

A deed made after a fine or common recovery, to show the object thereof.

A deed made before a fine or common recovery, to show the object thereof. As to "Quitclaim" deed, "Tax Deed," "Trust Deed," and "Warranty" deed, see those titles.

A writ which lay for a guardian who had been forcibly ejected from his wardship. Reg. Orig. 162.

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman or stranger who had himself deprived the tenant of the occupation of the land dur

To hold; consider; adjudge; condemn. Cory v. Spencer, 67 Kan. 648, 73 Pan. 920, 63 L. R. A. 275; Blaufus v. Pcople, 69 N. Y. Ill, 25 Am. Rep. 148; U. S. v. Doherty (D. C.) 27 Fed.

Judges in the Isle of Man, who decide ali controversies without process, writings or any charges. These Judges are chosen by the pcople, and are said by Spelman to be two in number

A park or fold for deer.

Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. ll.

A writ of exchange of money. An ancient writ to authorize a merchant to make a bili of exchange, (literas cambitorias facere.) Reg. Orig. 194.

Writ of escheat. A writ which a lord had, where his tenant died without heir, to recover the land. Reg. Orig. 164b; Fitzh. Nat. Brev. 148, 144, E.

Of being on a journey. A species of essoin. 1 Reeve, Eng. Law, 119.

A writ which lay for those who were by privllege free from the payment of toll, on their being molested therein. Fitzh. Nat Brev. 226; Reg. Orig. 258b.

A writ which issued upon an essoin of malum lecti being cast, to examine whether the party was in fact sick or not Reg. Orig. 8b.

Writ for having estovers. A writ which lay for a wife divorced a mensa et thoro, to recover her alimony or estovers. 1 Bl. Comin. 441; 1 Lev. 6.

A writ which lay to prevent or stay waste by a tenant, during the pendency of a suit against him to recover the lands. Reg. Orig. 76b. Fitzh. Nat. Brev. 60.

L. Fr. Of water and whip of three cords. A term applied to a neife, that is, a bond woman or female villein, as employed in servile work, and subject to corporal punishment. Co. Li

A law French phrase, equivalent to the Latin de avo et de tritavo, descriptive of the ancestral rights of lords in their villeins. Literally, "from grandfather and from great-grand

A writ commanding the sheriff to arrest one who was excommunicated, and imprison him (ill he should become reconciled to the church. 3 BL Comm. 102, Smith v. Nelson, 18 Vt. 511.

A writ to deliver an excommunicated person, who has made satisfaction to the church, from prison. 3 Bl. Comm. 102.

Writ for retaking an excommunicated person, where he had been liberated from prison without making satisfaction to the church or giving security for that purpose, Reg. Orig. 67.

Concerning excuses. This is the title of book 27 of the Pandects, (in the Corpus Juris Civilis.) It treats of the circumstances which excuse one from filling the office of tutor or

Writ for making execution in withernam. Reg. Orig. 82b. A species of capias in withernam.

A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment Reg. Orig. 18; Fitzh. Nat. Brev. 20.

Writ of exemplification. A writ granted for the exemplification of an original. Reg. Orig. 290b.

Writ for exoneration of suit. A writ that lay for the king's ward to be discharged of all suit to the county court, hundred, leet, or court-baron, during the time of his wardship.

An obsolete writ addressed to the sheriff to levy the expenses of every citizen and burgess of parliament. 4 Inst 46.

Writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire ia parliament. Reg. Orig. 191b, 192.

To mar or destroy the face (that is, the physical appearance of written or inscribed characters as expressive of a definite meaning) of a written instrument, signature, inscription

In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action or a state of affairs which exists actually and must be accepted for all pra

One which has purported to pass the property from the owner to another. Bank v. Logan, 74 N. Y. 575; Edmunds v. Transp. Co., 135 Mass. 283.

One established, organized, and exercising its judicial functions under authority of a statute apparently valid, though such statute may be in fact unconstitutional and may be afte

In French law, permanent and fixed residence in France of an alien who has not acquired French citizenship nor taken steps to do so, but who intends to make his home permanently or

In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend.

The act of a defaulter; misappropriation of trust funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporati

To set off one claim against another; to deduct a debt due to one from a debt which one owes. Johnson v. Signal Co.., 57 N. J. Eq. 79, 4f> Atl. 193 ; Pepper v. Warren, 2 Marv. (Del

Writ of falsa judgment. Reg.. Orig. 15; Fitzh. Nat. Brev. 18. See False Judgment.

Of false money. The title of the statute 27 Edw. I. ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and eve

The taking from one's reputation. The offense of injuring a person's character, fame or reputation by false and malicious statements. The term seems to be comprehensive of both lib

L. Fr. Ihfamous. Britt. C. 15

The omission or failure to fulfill a duty, observe a promise, discharge an obligation or perform an agreement State v. Moores, 52 Neb. 770, 73 N. W. 299; Osborn v. Rogers, 49 Hun.

One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money.

Failure to have living children or descendants at a given time or fixed point George v. Morgan, 16 Pa. 106.

An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a "condition;" and that which is in another deed is a "def

Subject to be defeated, annulled, revoked or undone upon the happening of a future event or the performance of a condition subsequent or by a conditional limitation. Usually spoken

An estate in fee but which is liable to be defeated by some future contingency; e. g., a vested remainder which might be defeated by the death of the remainderman before the time f

liable to be annulled or made void, but not one that is already void or an absolute nullity. Elder v. Schumacher, 18 Colo. 433, 33 Pac. 175. Defined under Defeasible in Black's Law

To prevent, frustrate or circumvent ; as in the phrase "hinder, delay or defeat creditors." Co.leman v. Walker, 3 Mete, (Ky.) 65, 77 Am. Dec. 163; Walker v. Sayers, 5 Bush (Ky.) 58

The want or absence of some legal requisite; deficiency; imperfection; insufficiency. Haney-Campbell Co. v. Creamery Ass'n, 119 Iowa, 188, 93 N. W. 297; Bllven v. Sioux City, 85 Io

Lacking in seme particular which is essential to the completeness, legal sufficiency or security of the object spoken of; as, a "defective" highway or bridge, (Munson v. Derby, 37

Failure of the blood, i. e., failure or want of issue.

An imperfection in the style, manner, arrangement, or non-essential parts of a legal instrument, plea, indictment, etc., as distinguished from a "defect of substance." See infra.

In pleading and practice. Insufficiency of the parties before a court in any given proceeding to give it jurisdiction and authority to decide the controversy, arising from the omis

An imperfection in the body or substantive part of a legal instrument, plea, indictment, etc., consisting in the omission of something which is essential to be set forth. State v.

Lat. Defect; default; want; imperfection; disqualification. —Challenge propter defectnm. A chnilenge to a juror on account of some legal disqualification, such as infancy, etc. See

To prohibit or forbid. To deny. To contest and endeavor to defeat a claim or demand made against one in a court of justice. Boehmer v. Irrigation Dist, 117 Cal. 19, 48 Pac. 908. To