Black's Law Dictionary

This name is sometimes given to a ruling on an objection to evidence, but la not properly a demurrer at all. Mandelert v. Land Co.., 104 Wis. 423, 80 N. W. 726.

This proceeding (now practically obsolete) was analogous to a demurrer to a pleading. It was an objection or exception by one of the parties in an action at law, to the effect that

Where a witness objects to a question propounded (particularly on the taking of a deposition) and states his reason for objecting or refusing to answer, it is called a "demurrer to

Half-blood. A corruption of demi-sang.

A valley. Blount. A hollow place among woods. Cowell.

In old English law. Liberty for ships or vessels to run aground or come ashore. Cowell.

In old English law. As much land as is worth one penny per annum.

An ancient general term for any sort of pecunia numerata or ready money. . The French use the word "denier" in the same sense,—payer de sea propres denier. —Denarii de caritate. In

In English law. Customary oblations made to a cathedral church at Pentecost

Petri. (Commonly called "Peter's Pence.") An annual payment on St. Peter's feast of a penny from every family to the pope, during the time that the Roman Catholic religion was esta

The chief sllver coin among the Romans, worth 8d.; it was the seventh part of a Roman ounce. Also an English penny. The denarius was first coined five years before the first Punic

(Lat "God's penny.") Earnest money; money given as a token of the completion of a bargain. It differs from arrlug in this: that arrhæ is a part of the consideration, while the dena

In old English law. A third part or penny of the county paid to its earl, the other two parts being reserved to the crown.

A writ which lay for a lord directed to the sheriff, commanding him to apprehend a fugitive villein, and restore him, with all his chattels, to the lord. Beg. Orig. 87; Fitzh. Nat.

A traverse in the pleading of one party of an allegation of fact set up by the other; a defense. See Flack v. O'Brien, 19 Misc. Rep. 399, 48 N. Y. Supp. 854; Mott v. Baxter, 29 Col

In Fr. In old English law. Denial; refusal. Denier is when the rent (being demanded upon the land) is not paid. Finch, Law, hi 3, c. S.

In French law. Earnest money; a sum of money given in token of the completion of a bargain. The phrase is a translation of the Latin Denarius Dei, (q. v.)

The act of making one a denizen; the conferring of the privileges of citizenship upon an alien bom. Cro. Jac. 540. See Denizen.

To make a man a denizen or citizen.

In English law. A person who, being an alien barn, has obtained, ex donatione regis, letters patent to make him an English subject,—a high and incommunicable branch of the royal pr

In French feudal law. A minute or act drawn up, on the creation of a fief, containing a description of the fief, and all the rights and incidents belonging to it. Guyot, Inst. Feud

Denomination should be made from the more worthy.

6 Coke, 66. As to the proper name, it is not to be regarded where it errs not in substanco, because names are changeable, but things Immutable.

5 Coke, 6. As to things not apparent, and those not existing, the rule is the same.

Of not paying tithes. A term applied in English ecclesiastical law to a prescription or claim to toe entirely discharged of tithes, and to pay no compensation in lieu of them. 2 Bl

A writ forbidding the justices from holding an assise in a particular case. Reg. Orig. 221.

An ancient writ where a parson was employed in the royal service, etc., to excuse and discharge him of non-residence. 2 Inst 264.

L Fr. Of unsound memory or mind; a phrase synonymous with non compos mentis.

An act or thing is "denounced" when the law declares it a crime and prescribes a punishment for it. State v. De Hart, 109 La. 570, 33 South. 605. The word is also used (not technic

In Spanish and Mexican law. A denouncement was a judicial proceeding, and, though real property might be acquired by an alien in fraud of the law,—that is, without observing its re

In the civil law. A form of interdict or injunction which lies in some cases where the defendant is about to erect a "new work" (q. vt) in derogation or injury of the plaintiff's r

Anew; afresh; a second time. A venire de novo is a writ for summoning a jury for the second trial of a case which has been sent back from above for a new trial.

(Otherwise called "burn-beating.") A method of improving land by casting parings of earth, turf, and stubble into heaps, which when dried are burned into ashes for a compost. Cowel

Co.. Litt. 32. A widow snail have no part of that which in its own nature is indivisible, and is not susceptible of division, but let the heir satisfy her with an equivalent.

In no tenement which is held for a term of years is there an avail of homage; but there is the oath of fealty. Co.. Litt. 07b.

The act of present payment.

In Spanish law. The denouncement of a new work; being a proceeding to restrain the erection of some new work, as, for instance, a bullding which may, if completed, injuriously affe

In the civil law. The act by which an individual informs a public officer, whose duty it is to prosecute offenders, that a crime has been committed. In Scotch practice. The act by

In old English law. A publlc notice or summons. Bract. 202b.

(Li. Lat Deo dandum, a thing to be given to God.) In English law. Any personal chattel which was the immediate occasion of the dcath of any reasen-able creature, and which was forf

A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion or merely propter odium et atiam, (throu

I,. Fr. Of office; in virtue of office; officially; in the discharge of ordinary duty.

Writ for charging according to a rateable proportion. A writ which lay for a joint tenant or tenant in common, who was distrained for more rent than his proportion of the laud came

In old English law. The hedge inclosing a deer paria

For keeping the peace, and for good behavior.

Of peace, (breach of peace,) and wounds. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of assault, wounding, and breach of the peace. Bract

Of peace [breach of peace] and robbery. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of robbery and breach of the peace. Bract foL 146; 2

Span. By word; by parol. White, New Recop. b. 2, tit 19, c. 8, § 2.

A writ or action for damages caused by a pound-breach, (q. v.) It has long been obsolete, Ch Litt 47b; 3 Bl. Comm. 146.

In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See Departure. In maritime law. To leave a port; to be out of a port. To depart im

A writ which lay to make partition of lands or tenements held by several as coparconers, tenants in common, etc. Reg. Orig. 76; Fitzh. Nat. Brev. 61, R; Old Nat. Brev. 142.

1. One of the territorial divisions of a country. The term is chiefly used in this sense in France, where the division of the country into departments is somewhat analogous, both t

In maritime law. A deviation from the course prescribed in the policy of insuraube. In pleading. The statement of matter in a replication, rejoinder, or subsequent pleading, as a c

In old English practice. The tenant in a real action, having once appeared, was considered as constructively present in court until again calied upon. Hence if, upon being demanded

In old English law. To pasture. "If a man depastures unprofitable cattle in hls ground." Bunb. 1, case L

A robbing of the prince or commonwealth; an embezzling of the public trcasure.

A territory distinct from the country in which the supreme sovereign power resides, but belonging rightfully to It, and subject to the laws and regulations which the sovereign may

Deriving existence, support or direction from another; conditioned, in respect to force or obligation, upon an extraneous act or fact —Dependent contract. One which depends or is c

One which depends or is conditional upon another. One which it is not the duty of the contractor to perform until some obligation contained in the same agreement has been performed

See Covenant.

In practice. Pending or undetermined; in progress. See 5 Coke, 47.

A writ which lay where there was a dispute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and law

In Spanlsh-American law. Spaces of ground in towns reserved for commons or publlc pasturage, 12 Pet 448, note, 9 Li. Ed. 1150.

In the civil law. An action to recover a pledge stolen. Inst. 4, 1, 14.

A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks on the case of

Of a plea; of or in an action. Formal words used in declarations and other proccedmgs, as descriptive of the particular action brought

Of wounds and mayhem. The name of a criminal appeal formerly in use in England, in cases of wounding and maiming. Bract, fol. 144 b; 2 Reeve, Eng. Law, 34. See Appeal.

Lat. On the ground; on a level. A term of the Roman law descriptive of the method of bearding causes, when the prætor stood on the ground with the suitors, instead of the more form

In Scotch practice. To depose; to make oath in writing.

Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their scals to exceptions taken by a party in a suit. Reg. Orig. 182.

In practice. One who deposes (that is, testifies or makes oath in writing) to the truth of certain facts; one who gives under oath testimony which is reduced to writing; one who ma

In old Scotch practice. A deponent 3 How. State Tv. 695.

In old English law. The crime of destroying, ravaging, or laying waste a country. 2 Hide, P. C. 333 ; 4 Bl. Comm. 373.

In old English law. A species of waste by which the population of the kingdom was diminished. Depopulation of houses was a public offense. 12 Coke, 30, 3L

Lat In the civil law. A kind of banishment, where a condemned person was sent or carried away to some foreign country, usually to an island, (in insula m deportatur,) and thus toke

Banishment to a foreign country, attended with confiscation of property and deprivation of civll rights. A punishment derived from the deportatio (q. v.) of the Roman law, and stil

In practice. In ancient usage, to testlfy as a witness; to give evidence under oath. In modern usage. To make a deposition ; to give evidence in the shape of a deposition; to make

A naked bailment of goods to be kept for the depositor without reward, and to be returned when he shall require it Jones, Bailm. 36, 117; National Bank v. Washington County Bank, 5

An account of sums lodged with a bank not to be drawn upon by checks, and usually not to be withdrawn except after a fixed notice.

The party receiving a deposit; one with whom anything is lodged in trust, as "depository" is the place where it is put The obligation on the part of the depositary is that he keep

In Scotch law. Deposit or depositum, the species of bailment so called. Bell.

A company whose business is the safe-keeping of securities or other valuables deposited in boxes or safes in its building which are leased to the depositors.

The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court or under a general law on the subject

In Spanish law. Deposit; the species of baliment so called. Schm. Civil Law, 193.

A method of pledging real property as security for a loan, by placing the title-deeds of the land in the keeping of the lender as pledgee.

One who makes a deposit.

The place where a deposit (q. v.) is placed and kept United States depositories. Banks selected and designated to receive deposits of the public funds of the United States are so c

Lat In the civil law. One of the forms of the contract of bailment, being a naked bailment of goods to be kept for the use of the bailor without reward. Foster v. Essex Bank, 17 Ma

Writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by præ-cipe quod reddat, on default or reddition, was again disseised by the former dissei

In French law. The depositum of the Roman and the deposit of the English law. It is of two kinds, being either (1) ddp6t simply so called, and which may ba either voluntary or nece

To defame; vilify; exhibit contempt for. In England it is a criminal offense to "deprave" the Lord's supper or the Book of Common Prayer. Steph. Crim. Dig. 99.

In French law. Pillage, waste or spoliation of goods, particularly of the estate of a decedent

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

In a constitutional provision that no person shall be "deprived of his property" without due process of law, this word is equivalent to the term "take," and denotes a taking altoge

Writ for proving property. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. 8 Bl. C

The statute 17 Edw. I., St. 1, c. 9, defining the prerogatives of the crown on certain subjects, but especially directing that the king shall have ward of the lands of idiots, taki

Of the present; in the present tense. See Per Verba de Præsenti.

To appoint a deputy; to appoint or commission one to act as deputy to an officer. In a general sense, the term is descriptive of empowering one person to act for another in any cap

A substitute; a person duly authorized by an officer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. Carter v. Hornback, 13

The deputy of a lord lieutenant of a county in England.