Black's Law Dictionary

That which is ascertained; what is particularly designated.

The decision of a court of justice. Shirley v. Birch, 16 Or. 1, 18 Pac. 344; Henavie v. Railroad Co., 154 N. Y. 278, 48 N. E. 525. The ending or expiration of an estate or interest

To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 Washb. Real Prop. 380.

Of testaments. The title of the fifth part of the Digests or Pandects; comprising the twenty-eighth to the thirty-sixth books, both inclusive.

Lat. In the civil law. A summoning made or notice given, in the presence of witnesses, (denuntiatio Jacta cum testatione.) Dig. 50, 16, 40.

A writ which lay for a person who was prevented from taking toll. Reg. Orig. 103.

Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159. In pleadi

In practice. A form of action which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together

A writ formerly available to a wife after a divorce, for the recovery of the goods given with her in marriage. Mozley & Whitley.

In pleading. An action of replevin is said to be in the detinuit when the plaintiff acquires possession of the property claimed by means of the writ. The right to retain is, of cou

To be torn in pieces by horses. Fleta, 1. 1, c. 37.

The removal of property from one state to another upon a transfer of the title to it by will or inheritance. Frederickson v. Louisiana, 23 How. 445, 16 In Ed. 577.

A writ of trespass. Reg. Orig. 92.

A writ or commission for the hearing and determining any outrage or misdemeanor.

Any loss or harm suffered in person or property; e. p., the consideration for a contract may consist not only in a payment or other thing of value given, but also in loss or "detri

To discover or lay open to the world. Matt. Westin. 1240.

A deed de una parte is one where only one party grants, gives or binds himself to do a thing to another. It differs from a deed inter partes, (q. v.) 2 Bouv. Inst no. 2001.

plural DEUNCES. Lat In the Roman law. A division of the as, containing eleven unciæ or duodecimal parts; the proportion of eleven-twelfths. 2 Bl. Comm. 462, note. See As. Deus solu

The act or condition, of one who marries a wlfe after the death of a former wife.

A writ which lay where a man's wife had been ravished and carried away. A species of writ of trespass Reg. Orig. 07; Fitzh. Nat. Brev. 89, 6; 3 Bl. Comm. 139.

An offender without sureties or pledges. Cowell.

Wasteful use of the property of a deceased person, as for extravagant funeral or other unnecessary expenses. 2 Bl. Comm. 508.

They have wasted. A term applied in old English law to waste by executors and administrators, and to the process issued against them therefor. Cowell. See Devastavit.

Lat. He has wasted. The act of an executor or administrator in wasting the goods of the deceased; misman-, agement of the estate by which a loss occurs ; a breach of trust or misap

Writ of waste. A writ which might be brought by him who had the immediate estate of inheritance In reversion or remainder, against the tenant for life, In dower, by curtesy or for

A writ, now obsolete, directed to the king's escheators when any of the king's tenants in capite dies, and when his son and heir dies within age and in the king's custody, commandi

A writ to inspect the body, where a woman feigns to be pregnant, to see whether she is with child. It lies for the heir presumptive to examine a widow suspected to be feigning preg

Word for word. Bract, fol. 138b. Literally, from word to word.

Of the signification of words. An important title of the Digests or Pandects, (Dig. 50, 16,) consisting entirely of definitions of words and phrases used in the Roman law.

To deprive;, to take away; to withdraw. Usually spoken of an authority, power, property or title; as the estate Is devested. Devest is opposite to invest. As to invest signifies to

In insurance. Varying from the risks insured against, as described in the policy, without necessity or just cause, after the risk has begun. 1 Phil. Ins. § 977, et seq.; 1 Arn. Ins

An invention or contrivance; any result of design; as in the phrase "gambling device," which means a machine or contrivance of any kind for the playing of an uniawful game of chanc

From the neighborhood or vicinage. 3 Bl. Comm. 360. A term applied to a jury.

Writ of (or for) removing lay force. A writ which lay where two parsons contended for a church, and one of them entered into it with a great number of laymen, and held out the othe

An instrument of torture, formerly used to extort confessions, etc. It was made of several icons, wlftch were fastened to the neck and legs, and wrenched together se as to break th

Capable of being devised. 1 Pow. Dev. 165; 2 Bl. Comm. 373.

In practice. The name of an issue sent out of a court of chancery or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denie

A testamentary disposition of land or realty; a gift of real property by the last will and testament of the donor. Scholle v. Scholle, 113 N. Y. 261, 21 N. E. 84; Fere-bee v. Proct

The person to whom lands or other real property are devised or given by wlll. 1 Pow. Dev. c. 7. —Residuary devisee. The person named in a will, who is to take all the real property

A giver of lands or real estate by wlll; the maker of a will of lands; a testator.

Fr. Duty. It is used in the statute of 2 Rich. II. c. 3, In the sense of duties or customs.

The transfer or transition from one person to another of a right, liability, title, estate or office. Francisco v. Aguirre, 94 Cal. 180, 29 Pac. 495; Owen v. Insuranco Co., 56 Hun,

In the law of Louisiana, one which does not suspend the execution of -the judgment appealed from. Sinte v. Allen, 51 La. Ann. 1842, 26 South. 434.

To pass or be transferred from one person to another; to fall on or accrue to, one person as the successor of another; as, a title, right, office, liability. The term is said to be

Li. Fr. Dies; deceases. Bend-loe, 5.

Writ of warranty of charter. A writ which lay for him who was enfcoffed, with clause of warranty, [in the charter of feoffment,] and was afterwards impleaded in an assise or other

A writ that lay where a man had a day in any action to appcar in proper person, and the king at that day or before, employed him in some service, so that he could not appear at the

Lat. In Roman law. A division of the as, consisting of ten undoes ten-twelfths or five-sixths. 2 Bl. Comm. 462, note m.

One at the right hand of another.

To shake hands in token of friendship; or to giye up oneself to the power of another person.

The office of a deacon.

A deacon

A medical term, meaning the discovery of the source of a patient's illness or the determination, of the nature of his disease from a study of its symptoms. Said to be little more t

That branch of logic which teaches the rides and modes of reasoning.

A rhetorical figure in which arguments are placed in various points of view, and then turned to one point. Enc. Lond.

Dialogue of or about the exchequer. An ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of London in th

A logical reasoning in a progressive manner, proceeding from one subject to another. Enc. Lond.

Daily food or as much as will suffice for the day. Du Cange.

In old records. Daily; every day; from day to day. Spelman.

In old English law. A tally for accounts, by number of cuts, (taillees,) marks or notches. Cowell. See T allia, Tally.

An officer in ancient Greece answering in some respects to our juryman, but combining, on trials had before them, the functions of both judge and jury. The dicasts sat together in

Small cubes of bone or ivory, marked with figures or devices on their several sides, used in playing certain games of chance. See Wetmore v. State, 55 Ala. 198.

In maritime law. The contract which takes place between the owner of a ship, the captain, and the mariners, who agree that the voyage shall be for the benefit of all. The term is u

To order or instruct what is to be said or written. To pronounce, word by word, what is meant to be written by another. Hamilton v. Hamilton, 6 Mart. (N. S.) (La.) 143.

In Louisiana, this term is used in a technical sense, and means to pronounce orally what is destined to be written at the same time by another. It is used in reference to nuncupati

A magistrate invested with unlimited power, and created in times of national distress and peril. Among the Romans, he continued in office for six months only, and had uniimited pow

Arbitrators.

In general. A statement, remark or observation. Oratis dictum; a gratuitous or voluntary representation; one which a party is not bound to make. 2 Kent, Comm. 486. Simplex dictum;

The edict or declaration of Kenilworth. An edict or award between King Henry III. and nil the barons and others who had been in arms against him; and so called because it was made

Lat In Roman law. This name was given to a notice promulgated by a magistrate of his intention to present an impeachment against a citizen before the people, specifying the day app

(Lab He has closed his last day,—died.) A writ which formerly lay on the death of a tenant in capite, to ascertain the lands of which he died seised, and reclaim them into the king

Lat A day; days. Days for appearance in court. Provisions or maintenance for a day. The king's rents were anciently reserved by so many days' provisions. Spelman; Cowell; Blount —D

A day of favor. The name given to the appearance day of the term on the fourth day, or quarto die post. It was the day given by the favor and indulgence of the court to the defenda

(The day from which.) In the civil law. The day from which a transaction begins; the commencement of it; the conclusion being the dies ad quem. Mackeld. Rom. Law, § 185.

The day begins ; dies vent, the day has come. Two expressions in Roman law which signify the vesting or fixing of an interest, and the interest becoming a present one. Sandars' Jus

Regular days for appearance in court; called, also "common return-days." 2 Reeve, Eng. Law, 57.

A day given or allowed, (to a defendant in an action;) amounting to a continuance. But the name was appropriate only to a continuance bsfore a declaration filed ; if afterwards all

A day given in the bench, (or court of common pleas.) Bract, fols. 257b, 361. A day given in bank, as distinguished from a day at nisi prius. Co. Litt. 135.

A day given to the parties to an action ; an adjournment or continuance. Crabb, Eng. Law, 217.

A day given on the prayer of the parties. Bract fol. 358; Gilb. Comm. PI. 4l; 2 Reeve, Eng. Law, 60.

The Lord's day; Sunday.

Sunday is not a court day or day for judicial proceedings, or legal purposes. Co.. Litt 135a; Noy, Max. 2; Wing. Max. 7, max. 5; Broom, Max. 21.

In old English law. The added or increasing day in leap pear. Bract, fols. 359, 359b.

In Roman law. Days on which the courts were open, and justice could be legally administered; days on which it was lawful for the prætor to pronounce [ham; the three words, "do," "d

In the civil law. Holidays. Dig. 2, 12, 2, 9.

In old English practice. A day of grace, courtesy, or favor. Co. Litt. 134b. The quarto die post was sometimes so calied. Id. 135a.

A day begun is held as complete.

An uncertain day is held as a condition.

In Roman law. Divided days; days on which the courts were open for a part of the day. Calvin,

A lawful day for the transaction of judicial or court business; a day on which the courts are or may be open fur the transaction of business. Didsbury v. Van Tassell, 56 Hun, 423,

In the civil and old English law. A lawful or law day; a term day; a day of appearance.

In old English law. The day of meeting of English and Scotch, which was annually held on the marches or holders to adjust their differences and preserve peace.

In Roman law. Days on which the courts were closed, and it was unlawful to administer justice; answering to the dies non juridioi of the English law. Mackeld. Rom. Law, § 39, note.

An abbreviation of Dies non juridicus, (q.

In practice. A day not juridical; not a court day. A day on which courts are not open for business, such as Sundays and some holidays. Havens v. Stiles, 8 Idaho, 250, 67 Pac. 921,

(Day of peace.) The year was formerly divided into the days of the peace of the church and the days of the peace of the king, including in the two divisions ali the days of the yea

In old English law. A solar day, as distinguished from what was calied "dies lunaris," (a lunar day;) both composing an artificial day. Bract, fol. 264. See Day.

In the dvil and old English law. Sunday, (literally, the day of the sun.) See Cod. 3, 12, 7.

Juridical days ; useful or avnilable days. A term of the Roman law, used to designate those especial days occurring within the limits of a prescribed period of time upon which it w

A general legislative assembly is sometimes bo called on the continent of Europe. In Scotch practice. The sitting of a court. An appearance day. A day fixed for the trial of a crim