A Law Dictionary, Adapted to the Constitution and Laws of the United States

tort, is the speaking slanderous words of a person so as, de bonis fama aliquid detrahere, to hurt his good fame. V. Slander.

is the neglect to perform a legal obligation or duty; but in technical Janguage by default is understood the non-appearance of the defendant, within the time prescribed by law, to

com. law, one who is deficient in his accounts, or fails in making his accounts correct.

contracts, conveyancing, ig an instrument which defeats the force or operation of some other deed or estate. That, which in the same deed is called a condition, in another deed is

torts, is a forcible resistance of an attack by force. A man is justified in defending his and servants, and for this purpose he may use as much force as may be necessary, even to

pleading, practice, is defined to be the denial of the truth or validity of the complaint, and does not signify a justification. It is a general assertion that the plaintiff has no

a party who is sued in a personal action. Vide Demandant; Parties to actions; Pursuer; and Com. Dig. Abatement, F; Action upon the case upon assumpsit, E b.

canon law. The name by which the defendant or respondent is known in the ecclesiastical courts.

This latin term si nifies that something is wanting. i is used to express the deficiency which is discovered in the accounts of an accountant, or in the money which he has received

is that which terminates a suit; a definitive sentence or judgment is put in opposition to an interlocutory judgment. Final, (q. v.) -DEFORCIANT, is one who wrongfully keeps the ow

tort, in its which another person has a right. Co. Litt. 277; so that this includes as well an abatement, an intrusion, a disseisin, or a discontinuance as any other species of wro

in the law of Scotland, is the opposition given or resistance made, to messengers or other officers, while they are employed in executing the law. This crime is punished by confisc

a term used for one that is deceased or dead. In some acts of assembly in Pennsylvania, such deceased person is called a decedent (q. v-)

punishment tn the ecclestastical law, is a censure by which a clergyman is deprived of his holy orders, which he had as a priest or deacon. - DEGREE, descents. This word is derived

DO. Vide Homine Replegiando. —

Out of; without. By this word is understood something out of the record, agreement, will, or other thing spoken of; something foreign to the matter in question. DEL CREDERE; contra

pleading. The name of a replication in an action for a tort, that the defendant committed the trespasses or grievances of his own wrong without the cause by him in his plea alleged

The name of one of the original states of the United States of America. For a considerable time prior to the revolution the counties of this state were connected with Pennsylvania,

civil law, is the time allowed either by law or by agreement of the parties to do something. The make defence, toappeal; itadmitsofa delay during which an action may be brought, ce

civil law. It is a kind of novation, by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the cre

civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlar sense, this term includes all kinds of crimes and misdeme

practice, a term used by the clerk in court to every prisoner who is arraigned and pleads not gutlty, to whom he wishes a good deliverance. In modern practice this is seldom used.

conveyancing, is the transferring of a deed from the grantor to the grantee: or the delivery may be made and accepted by an attorney. This is indispensably necessary to the validit

contracts. Aclaim; a legal obligation. Lord Coke says that demand is a word of art, and of an extent, in its signification, greater than any other word except claim. Hence a releas

practice, is a request by one individual to another to doa particular thing. Demands are either express or implied. In many cases an express demand must be made before the commence

practice. He who brings a real action, who, in personal actions, is called plaintiff. Co. Litt. 127; 1 Com. Dig. 85.

A° man is said to be seised in his demesne as of fee of a corporeal inheritance because he has a property domintcum or demesne in the thing itself. 2 Bl. Com. 106.

in some universities and colleges this term is synonymous with scholars. Boyle on Charities, 129.

contracts, in its most extended signification is a conveyance either in fee, for life, or for years. In its more technical meaning, itis a lease or conveyance for a term of years.

government, is that form of government in which the sovereign power is exercised by the people in a body, as was the practice in some of the states of Ancient Greece; the term repr

is whatever is said or written to designate a thing or person; for example, a gift of so much money, with a fund particularly referred to for its payment, so that if the fund be no

mar. law. The freighter of a ship is bound not to detain it, beyond the stipulated or usual! time, to load, or to deliver the cargo, or to sail. The extra days beyond the lay days

(from the latin demorart, or old French demorrer, to wait or stay,) in pleading, imports, according to its etymology, that the objecting party will not proceed with the pleading, b

SPECIAL, in pleading. A special demurrer is one which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically the nature of the objection and the p

an practice. A demurrer to evidence is analogous to a demurrer in pleading; the party from whom it comes declaring that he will not proceed, because the evidence offered on the oth

this is a barbarous corruption of demi sang, half-blood, (q. v.)

An ancient general term for any sort of pecunia numerata, or ready money. The French use the word denter in the same sense: payer de ses propres deniers.

Eng. law, is an alien born and who has obtained, ex donatione legis, letters-patent to make him an English subject. He is in a middle between a natural born subject and an alien. H

crim. law. vidual informs a public officer, whose duty it is to prosecute offenders, that. a crime has been committed. It differs from a complaint, (q. v.) Vide 1 Bro. C. L. 447; 2

English law. This word is derived from Deo dandum, to be given to God; and is meant to designate any unhappy instrument, whether it be an animal or inanimate thing which has caused

Vide Writ de odio et atia. DE PROPRIETATE PRO-

government. The laws of the United States provide that there shall be an executive department, denominated the department of state; and a principal officer therein, called the secr

A government. The act of the 7th of August, 1789, 1 Story’s Laws, 31, creates an executive department, to be denominated the department of war; and there shall be a principal offic

pleading, is said to be when a party quits or departs from the case or defence which he has first made, and has recourse to another; it is when his replication or rejoinder contain

is 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 m

witness, one who gives information on oath or afhrmation, respecting some facts known to him, before a magistrate; he who makes a deposition.

Inits most proper signification, is the destruction of the people of a country or place. This word is, however, taken rather in a passive than an active sense; we say depopulation,

civil law, was his rights as a citizen; it differed from relegation, (q. v.) and exile, (q- v-) 1 Bro. Civ. Law, 125 note; Inst. 1,12, l and 2; Dig. 48, 22, 14, 1.

contracts. He with whom a deposit is confided or made. Being a bailee without reward, the depositary is bound to slight diligence only, and he is not therefore answerable except fo

contracts, is he’ who makes a deposit.. He is generally entitled to receive the deposit from the depositary, but to this rule there are exceptions; as when ‘the depositor at the ti

ecclesiastical punishment, is a censure by which a clergyman is deprived of his parsonage, vicarage, or other ecclesiastical promotion or dignity. Vide Ayliff’s Parerg. 206; 1 Bl.

one authorised by an officer to exercise the office or right which the officer possesses, for and in place of the latter. In general ministerial officers can appoint deputies, Com.

civil law, are goods voluntarily abandoned by their owner; he must, however, leave them, not only ste spe revertendt, but also sine antmo fevertendt; his intention to abandon them

he engaged to perform a voyage, before the expiration of his time, and without leave. Desertion without just cause renders the sailor liable, on his shipping articles, for damages,

wills, is the expression used by a testator instead of the name of the person or the of such a person, would be a desig nation of the legatee. Vide 1 Rop- Leg. ch. 2. A bequest of

Of his own wrong. This term is usually applied to a person who, having no right to meddle with the affairs or estate of a deceased person, yet undertakes to do so, by acting as exe

in icp Oeern ment, is that abuse of government, where the sovereign power is not divided, but united in the hands of a single man, whatever may be his official title. It is not pro

pleading. This is a word with a technical meaning, which when inserted in an indictment for forcible entry and detainer has all the force of the words expelled or unlawfully, for t

wills, legactes, is the application which the testator directs shall be made of the legacy he gives; for example, when a testator gives to a hospital a sum of money, to be applied

1. The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas co

practice, he detained. Where an action of replevin is instituted for goods which the defendant had taken but which he afterwards restored, it is said to be brought in the detenuit;

contracts. When a plan has been adopted for a building, and in the progress of the work a change has been made from the original plan, the change is called a deviation. When the co

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 denied

Aday. There are four sorts of days: 1, a natural day; as, the morning and the evening made the first day; 2, an artificial day, that is from day-break until twilight in the evening

practice, is a day or time of respite given to a defendant in a suit..

£nglish law, are titles of honour. They are considered as incorporeal hereditaments. The genius of our government forbids their admission in the republic.

in Scotland, are certain forms of law whereby'a cred- © itor endeavours to make good his payment, either by affecting the person of his debtor, or by securing the subjects belongin

money, is a silver coin of cents. It weighs forty-one and a quarter grains. Of one thousand parts, nine hundred are of pure silver and one hundred of alloy. Act of January 18, 1837

practice, an Omission in the record, or in some part of the proceedings, which is certified ona writ of error on the part of either plaintiff or defendant. Co. Ent. 232; 8 Vin. Ab.

are persons appointed or elected according to law, authorised to manage and direct the affairs of a corporation, or company. The whole of the directors collectively form the board

Vide Incapacity. DISCHARGE OF A_ CON.

practice, is the act by which a person in confinement under some legal process, or held on an accusation of some crime or misdemeanor, is set at liberty; the writing containing the

practice. The dismissal of a jury who had been charged with the trial of a cause. Questions frequently arise whether, when the court discharge a jury before they render a verdict,

estates, is the act of a party by which he refuses to accept of an estate which has been conveyed to him. Vide Assent; Dissent. Itis said, that a disclaimer of a freehold estate mu

of action, in practice, takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, a

practice, is set-off, or defalcation in an action. Vin. Ab. h. t. 7

not covert, unmarried; the term is applied to a ‘woman unmarried or widow; one not within the bonds of matrimony.

practice, pleading, is the act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. Vide Bill of Discovery; 8 Vin. Ab. 537; 8

crim. law, is the ability to know and distinguish between good and evil; between what is lawful and what is unlawful.. The age at which children are said to have discretion, is not

is the act of depriving a member of a corporation of his right as such, by expulsion. [t differs from amotion (q. v.) which is applicable to the removal of an officer from office,

disinheritance, depriving one of an inheritance. Obsolete.. Vide Disinherision.

one who disinherits or puts another out of his freehold. Obsolete.

Another name for tithes. Dime, (q. v.) a piece of federal money is sometimes written disme.

crim. law, is a house the inmates of which behave so badly as to become a nuisance to the neighbourhood. The keeper of such house may be indicted for keeping a public nuisance. Haw

French law. This word has several acceptations; sometimes it signifies the effective marks of the will of some person; and at others the instrument containing those marks. The disp

torts, one who is wrongfully put out of possession of his lands.

torts, is the wrongful putting one who is seised, and has actual possession, out of his posevery entry is not a disseisin, for it does not take place unless there is an ouster of t

torts, one who puts another out of the possession of his lands wrongfully.

contracts, is a disagreement to something which has been done. It is express or implied. The law presumes that every person to whom a conveyance has been made has given his assent

contracts. The dissolution of a contract, is to annul its effects between the contracting parties. This dissolution of a partnership, is the destruction of the partnership. Its dis

English practice, is a process commanding the sheriff.to distrain a person from time to time, and continually afterwards, by taking his goods by way of pledge, to enforce the perfo

Vide Courts of the United States.

The name of a district of country ten miles square, situate between the states of Maryland and Virginia, over which the national government has exclusive jurisdiction. By the const

remedies, is a writ directed to the sheriff commanding him to distrain one of his goods and chattels, to enforce his compliance of what is required of him, as for his appearance in

torts, is a wrong done to an incorporeal hereditament, by hindering or disquieting the owner in the enjoyment of it. Finch, L. 187; 3 Bl. Com. Swift's 522 ance. Pleader, 8 I 6; 1 S

60 seconds=1 minute 60 minutes] degree 30 degrees=1 sign 90 deyrees—1 quadrant 360 degrees or 12 signs=1 circumference. Formerly the subdivisions were carried on by sixties; thus t

practice, is a formal record of judicial proceedings. The docket should contain the names of the parties, and a minute of every court. Docket is also said to be a brief writing, on

A building in London used for a college of civilians in that city. Here the judge of the court of arches, the judge of the admiralty, and the judge of the court of Canterbury, with

evidence, are all the deeds, agreements, title papers, letters, receipts, and all other written instruments which are used to prove a fact.

contracts, is the act by which the owner of a thing, voluntarily transfers the title and possion of the same,. from. himself to another person, without any consideration; a gift(q.