Black's Law Dictionary

L. Fr. In old English practice. Of well being; of form. The same as de bene esse. Britt, a 39.

In mercantile law. A phrase borrowed from the Italians, equivalent to our word "guaranty" or "warranty," or the Scotch term "warrandice;" an agreement by which a factor, when he se

Lat. Choice of the person. By this term is understood the right of a partner to exercise his choice and preference as to the admission of any new members to the firm, and as to the

2 Inst. 597. A delegated power cannot be delegated.

A person who is delegated or commissioned to act in the stcad of another ; a person to whom affairs are committed by another; an attorney. A person elected or appointed to be a mem

In English law. Formerly the court of appeal from the ecclesiastical and admiralty courts. Abolished upon the judicial committee of the privy council being constiinted the court of

A sending away; a putting into commission; the assignment of a debt to another: the intrusting another with a general power to act for the good of those who depute him. At common l

Of legacies and trusts. The name of a title of the Pandects. Dig. 30.

A delegate cannot delegate; an agent cannot delegate his functions to a subagent without the knowledge or consent of the principal; the person to whom an office or duty is delegate

Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his neighbors in any parish, in public or private places, to their annoyance. Reg. Orig.

In French marine law. A discharging of ballast (lest) from a vessel.

In Scotch law. To erase; to strike out.

A quarry or mine. SI Eliz. C. T.

Writ of free fold. A species of quod permittat. Reg. Orig. 155.

12 Coke, 74. That which is to be resolved once for all should be long deliberated upon.

Writ of free fishery. A species of quod permittat. Reg. Orig. 155.

adj. By the use of this word, in describing a crime, the idca is conveyed that the perpetrator weighs the motives for the act and its consequences, the nature of the crime or other

The act or process of deliberating. The act of weighing and examining the reasons for and against a contemplated act or course of conduct or a choice of acts or means. See Delibera

Writ of free passage, A species of quod permittat. Reg. Orig. 155.

Writ for proving liberty. A writ which lay for such as, being demanded for villeins or niefs, offered to prove themselves free. Reg. Orig. 87b; Fitzh. Nat. Brev. 77, F.

A writ of various forms, to enable a citizen to recover the liberties to which he was entitled. Fitzh. Nat. Brev. 229; Reg. Orig. 262.

A luxurious debtor Is odious in law. 2 Bulst. 148. Imprisonment for debt has now, however, been generally abolished.

Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, commanding them to permit the persons named in the writ

In the Roman and civil law. A wrong or injury; an offense; a violation of public or private duty. It will be observed that this word, taken in its most general sense, is wider in b

Lat. A delict, tort, wrong, injury or offense. Actions ex delicto are such as are founded on a tort, as distinguished from actions on contract. Culpability, blameworthiness, or leg

To mark or lay out the limits or boundary line of a territory or country.

The act of fixing, marking off or describing the limits or boundary line of a territory or country.

3 Inst. 55. A delinquent provoked by anger ought to be punished more mildly.

adj. As applied to a debt or claim, it means simply due and unpaid at the time appointed by law or fixed by contract ; as, a delinquent tax. Chauncey v. Wass, 35 Minn. 1, 30 N. W.

In medical jurisprudence. Delirium is that state of the mind in which it acts without being directed by the power of volition, which is wholly or partially suspended. This happens

In medical jurisprudence. A form of menial aberration incident to fevers, and sometimes to the last stages of chronic diseases.

A disorder of the nervous system, involving the brain and setting up an attack of temporary delusional insanity, sometimes attended with violent excitement or mania, caused by exce

In Spanish law. Crime; a crime, offense or delict. White, New. Recop. b. 2, tit 19, c. 1, § 4.

In practice. The verdict rendered by a jury. —Second deliverance. In practice. A writ allowed a plaintiff in replevin, where the defendant has obtained judgment for refurn of the g

In conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grant

A bond given upon the seizure of goods (as under the revenue laws) conditioned for their restoration to the defendant, or the payment of their value, if so adjudged.

An older addressed, in England, by the owner of goods to a person holding them on his behalf, requesting him to deliver them to a person named in the order. Delivery orders are chi

The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is a lunatic or not

In medical jurisprudence. An insane delusion is an unreasoning and incorrigible belief in the existence of facte which are either impossible absolutely, or, at least, impossible un

An abbreviation for "demise;" e. g.. Doe dem. Smith, Doe, on the demise of Smith.

A writ by which the grand assise was chosen and summoned. Reg. Orig. 8; Fitzh. Nat. Brev. 4.

See Demesne.

Concerning greater and less laws do not vary. 2 Vem. 552.

Of illness. This phrase was frequently used to designate several species of essoin, (q. v.,) such as de malo lecti, of illness in bed; de malo veniendi, of illness (or misfortune)

n. A claim; the assertion of a legal right: a legal obligation asserted in the courts. "Demand" is a word of art of an extent greater in its signification than any other word excep

In Spanish law. The petition of a plaintiff, setting forth his demand. Las Partidas, pt 3, tit. 10, 1. 3.

The plaintiff or party suing in a real action. Co. Litt. 127.

A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. Equivalent to a "counterclaim" elsewhere. McLeod v. B

A female demandant

Writ of manucaption. or mainprise. A writ which lay for one who, being token and imprisoned on a charge of felony, had offered bali, which had been refused; requiring the sheriff t

Writ of maintenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 189, 182b.

In old English law. Dcath.

Of the half tongue; half of one tongue and hajlf of another. This phrase describes that species of jury which, at common law, was allowed in both civli and criminal cases where one

A writ In the nature of a writ of right, which lay where upon a subinfeudation the mesne (or middle) lord suffered his under-tenant or tenant paravail to be distrained upon by the

Of OT for the batter damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separately) he

In Scotch law. Maliciously cutting off or otherwise separating one limb from another. 1 Hume, 323; Bell.

One whose mental faculties are enfeebled; one who has lost his mind; distinguishable from amens, one totally insane. 4 Coke, 128.

Of unsound mind.

In Fr. From this time forward. Kelham.

See Insanity.

Concerning merchants. The name of a statute passed in the eleventh year of Edw. I. (1233,) more commonly calied the "Statute of Acton Burnel," authorizing the recognizance by statu

Domain; dominical; held in one's own right, and not of a superior; not allotted to tenants. In the language of pleading, own; proper ; original. Thus, son assault demesne, his own

A man la said to be seised in his demesne as of fee of a corporeal inheritance, because he nas a property. dominicum or demesne, in the thing itself. But when he has no dominion in

In English law. Those lands of a manor not granted out in tenancy, but reserved by the lord for his own use and occupation. Lands set apart and appropriated by the lord for his own

That share of lands reserved to the crown at the original distribution of landed property, or which came to it afterwanis by forfeiture or otherwise. 1 Bl. Comm. 286 ; 2 Steph. Com

Pertaining to a demesne.

French. Half; the half. Used chiefly in composition. As to deml "Mark," "Official," "Vill," see those titles.

In old records. A half or moiety.

In some universities and colleges this term ls synonymous with "scholars."

Half a mark ; a sum of money which was anciently required to be tendered in a writ of right, the effect of such tender being to put the demandant, in the first instance, upon proof

The law does not care for, or take notice of, very small or trifling matters. The law does not concern itself about trifles. Cro. Eliz. 353. Thus, error in calculation of a fractio

Writ of threats. A writ which lay where a person was threatened with personal violence or the destruction of his property, to compel the offender to keep the peace. Reg. Orig. 88b,

In the civll law. A taking away; loss or deprivation. See Capitis Deminutio.

Partly official or authorized. Having color of official right.

Half-blood.

n. In conveyancing. A conveyance of an estate to another for life, for years or at will; most commonly for years; a lease. 1 Steph. Comm. 475. Voorhees v. Church, 5 How. Prae. (N.

In conveyancing. Mutuni leases made from one party to another on each side, of the same land, or something out of it; as when A. grants a lease to B. at a nominal rent (as of a pep

The natural dissolution of the king is generally so called; an expression which signifies merely a transfer of property. By demise of the crown we mean only that, in consequence of

Lat. I have demised or leased. Demisi, concessi, et ad firmam tradidi; have demised, granted, and to farm let. The usual operative words in ancient leases, as the corresponding Eng

L. Lat. A demise or letting. Chiefly used in the phrase ex demissione (on the demise), which formed part of the title of the cause in the old actions of ejectment, where it signifi

A writ to send the tenor of a record or to exemplify it under the great seal. Reg. Orig. 220b.

A town consisting of five freemen, or frank-piedges. Spelman.

In military law. The dismissal of an army or body of troops from active service.

That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens; as distinguished from a monarchy, aristocracy or oligarchy. Acc

Of or pertaining to democracy or to the party of the democrats.

Writ for taking a moderate amercement. A writ, founded on Magna Charta, (c. 14,) which lay for one who was excessively amerced in a court not of record, directed to the lord of the

Of a modus of tithing. A term applied in English ec-cleslastical law to a prescription to have a special manner of tithing. 2 Bl. Comm. 29; 3 Steph. Comm. 130.

Cro. Jac. 429. A prohibition lles not against a newly-erected mlll.

The disuse of a particuiar metal for purposes of coinage. The withdrawal of the value of a metal as money.

Lat Description; addition; denomination. Occurring often in the phrase, "Falsa demonstratio non nocet" (a faise description does not harm.)

Description; pointing out That which is said or written to designate a thing or person. In evidence. Absolutely, convincing proof. That proof which excludes all possibility of erro

See Legacy.

Where the death of a human being is concerned, [in a matter of life and death,] no delay is [considered] long. Co. Litt. 134.

In Scotch law. A dooms-man. One who pronounced the sentence of court. 1 How. State Tv. 937.

To present a demurrer; to take an exception to the sufficiency in point of law of a pleading or state of facts alleged. See Demurrer. —Demurrable. A pleading, petition, or the iike

A pleading, petition, or the iike, is said to be demurrable when it does not state such facts as support the claim, prayer, or defense put forward. 5 Ch. Div. 979.

In maritime law. The sum which is fixed by the contract of carriage or which is allowed, as remuneration to the owner of a ship for the detention of his vessel beyond the number of

One who demurs ; the party who, in pleading, interposes a demurrer.

In pleading. The formal mode of disputing the sufficiency in law of the pleading of the other side, in effect It is an allegation that, even lf the facts as stated in the pleading

In practice. A record of the issue on a demurrer at law, containing a transcript of the pleadings, with proper entries; and intended for the use of the court and counsel on the arg