Bouvier's Law Dictionary and Concise Encyclopedia

In Spanish Law. The real ant* effective delivery of an object in the execution of a contract

Every day; day by day. Web. Where a statute requires an advertisement to be published in a daily newspaper it is such if it uses the term "daily newspaper" in contradistinction to

A construction of wood, stone, or other materials, made across a stream of water for the purpose of confining it; a mole. See People v. Gaige, 23 Mich. 93; Colwell v. Water Power C

The loss caused by one person to another, or to his property, either with the design of injuring him, or with negligence and carelessness, or by inevitable accident. In England, in

The tenth part in the common pleas, and the twentieth part in the king's bench and exchequer courts, of all damages beyond a certain sum. which was t<> be paid the protbonotary or

Goods subject to duties, which have received some injury either in the voyage home, or while bonded in warehouse.

The indemnity recoverable by a person who has sustained an injury, either in his person, property, or relative rights, through the act or default of another. The injury or loss for

In Old English Law. Con demned; prohibited by law; unlawful Damnatus coitus, an unlawful connection Black, L. Diet. DAMNI INJURI/E ACTIO (Lat). In Civil Law. An action for the dama

In Civil Law. Damages caused by a fortuitous event or inevitable accident; damages arising from the act of God. Among these were included losses by shipwreck, lightning, or other c

A tax or tribute imposed upthe Danegeld was levied and paid to the Danes as a tribute. In its later form, from 1012, it was a tax levied to pay the wages of a Danish fleet in the s

or DANE LAW. The laws of the Danes which obtained in the eastern counties and part of the midland counties of England in the eleventh century. 1 Bla. Com. 65.

One dangerous to life. Cosby v. Com., 115 Ky. 221, 72 S. W. 10S9. One likely to produce death. State v. Johns, 6 Pennewill (Del.) 174, 65 Atl. 763; or great bodily injury; People v

In a bill of lading this term means only the natural accidents incident to river navigation, and does not embrace such as may be avoided by the exercise of that skill, judgment, an

See Perils of riti: Ska.

The name of the first officer of state in France until 1191, after which it was never conferred. The name came to England with the Normans, but the office was less important, and t

See Assize of Darrein Presentment. DARREIN SEISIN (L. Fr. last seisin). A plea which lay in some cases for the tenant in a writ of right. Hunt v. Hunt, 3 Mete. (Mass.) 184; Jackson

The designation or indication in an instrument of writing of the time and place when and where it was made. In the Anglo-Saxon land charters dates were given by the year of the Ind

In Civil Law. The act of giving something. It differs from donation, which is a gift; dation, on the contrary, is giving something without any liberality; as, the giving of an offi

In Civil Law. A giving by the debtor and receipt by the creditor of something in payment of a debt instead of a sum of money. It is somewhat like the accord and satisfaction of the

A word derived from the Roman Law, signifying "appointed by public authority." Thus, in Scotland, an ex< dative is an executor appointed by a court of justice, corresponding to an

A female child; an immediate female descendant.

The wife of one's son.

The space of time which elapses while the earth makes a complete revolution on its axis. A portion of such space of time which, by usage or law, has come to be considered as the wh

An account-book in which merchants and others make entries of their en in evidence to prove the sale and delivery of merchandise or of work done.

In English Practice. A rule or order of the court by which a prisoner on civil process, and not committed, is enabled, in term-time, to go out of the prison and its rule or bounds.

In English Practice. Days of appearance in the court of common pleas, usually called bancum. They are at the distance of about a week from each other, and are regulated by some fes

An arbitrator, umpire, or elected Judge. Cowell.

Certain days allowed to the acceptor of a bill or the maker of a note in which to make payment, in addition to the time contracted for by the bill or note itself. They are so calle

The courts will always take judicial notice of the days of the week; for example, when a writ of inquiry was stated in the pleadings to have been executed on the fifteenth of June,

As much arable land as could be ploughed in one day's work. Cowell. DE ADMENSURATIONE or AMENSURA-

or D. B. N. C. T. A. See Executors AND A DM l.MSIItATORS.

The lowest degree of holy orders in the Church of England. 2 Steph. Com. 660.

The amount paid by a charterer for that part of the vessel's capacity which he does not occupy although he has contracted for it. When the charterer of a vessel has shipped part of

A dead-born child is to be considered as if it had never been conceived or born; in other words, it is presumed it never had life, it being a maxim of the common law that mortvus e

Acts that have become obsolete by long disuse are often so called. See Obsolete.

Letters transmitted through the mails according to direction, and remaining for a specified time uncalled for by the persons addressed, are called dead letters.

See Dangerous Weapon; Arms.

That portion of the personal estate of a person deceased which by the custom of London became the administrator's. If the decedent left wife and children, this was one-third of the

In Scotch Law. The part remaining over beyond the shares secured to the widow and children by law. Of this the.testator had the unqualified disposal. Stair, Inst lib. iii. tit. 4,

A person deaf and dumb is doli capax; but with such persons who have not been educated, and who cannot communicate their ideas in writing, a difficulty sometimes arises on the tria

A dealer in the popular, and therefore in the statutory sense of the word. Is not one who buys to keep, or makes to sell, but one who buys to sell again. Norrls v. Com., 27 Pa. 494

An oerlesiastieal officer, who derives his name from the fact that he presides over ten canons, or prebendaries, at least. He is addressed as Very Reverend. There are several kinds

In Ecclesiastical Law. The council of a bishop, to assist him 1 Ilia. Com. 382; Co. Litt 103, 300; 2 de la Ley; 2 Burn, Cool. Law 120.

The presiding judge of the court of the arches. He was also an assistant Judge in the court of admiralty. 1 Kent 371; 3 Stepb. Com. 727. See Doctors Commons; Coubt of the Abcb

a deed made by one who was at the time Bick <»f a di from which he afterwards died. Bell, Diet

Used in England to designate inheritance tax Tax.

See in:\u s i'Ai;r.

See Execution.

An issue of stock usually irredeemable and transferable in any amount, not including a fraction of a pound. The terminability and fixity in amount of debentures being inconvenient

See De Bono et DE CATALLIS REDDENDIS (Lat. for re- Malo. storing chattels). A writ to secure the return specifically of chattels detained from DE BIENS LE MORT (Fr.). Of the goods

See Executors and Ad- the release of a person who had been taken ministrators. on a writ of de excommunicato capiendo (q. v.) and who was willing to purge himself of DE BONIS PROPR

One to whom a debt is due; a creditor: as, debtee executor. 3 Bla. Com. IS.

One who owes a debt; he who may be constrained to pay what he owes.

1869. The statute 32 & 33 Vict. c. 62, abolishing imprisonment for debt in England, and for the punishment of fraudulent debtors. 2 Steph. Com. 159-164. (Not to be confounded with

In English Law. A summons issuing from a court having jurisdiction in bankruptcy, upon the creditor proving a liquidated debt of not less than £50, which he has failed to collect a

The ten commandments.

DECANIA, DECANA (Lat). A town or tithing, consisting originally of ten families of freeholders. Ten tithings compose a hundred. 1 Bla. Com. 114; Medley, Orig. Illus. Eng. Const His

A deceased person. The signification of the word has become more extended than its strict etymological meaning. Strictly taken, It denotes a dying person, but is always used in the

A fraudulent misrepresentation or contrivance, by which one man deceives another, who has no means of detecting the fraud, to the injury and damage of the latter. It need not be ma

In Roman Law. Ten judgi tors and five knights), appointed tus to act as judges in certain c vinus, Lex.; Anthoii, Rom. Ant. DECENNARIUS (Lat). One who held one-half a virgate of la

A writ that lieth properly against him that deceitfully doth anything in the name of another, for one that receiveth damage or hurt thereby. It is either original or judicial. Fit/

The punishment of every tenth soldier by lot.

Those that had the oversight and check of ten friburgs for the maintenance of the king's peace. Cunningham.

A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions. Si 2. 8; Dig. 1. 2. 2; Ilanna v. Com'rs o

One who makes a declaration.

In Pleading. A specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. 1 Chit. PL 248; Co. Litt. 17 a, 303 a; Bacon,

A public act by which, through the Continental Congress, the thirteen British colonies in America declared their independence, in the name and by the authority of the people, on th

The act of an alien who goes before a court of record and in a formal manner declares that it is bona fide his Intention to become a citizen of the United States, and to renounce f

A declaration concerning the laws of naval war. agreed upon February 2(i, 1909. by the powers assembled at the London Naval Conference. The preamble states that the Declaration was

A declaration respecting international maritime lawset forth by the leading powers of Europe at the Congress of Paris April 16, 1S56. The several articles are: 1. Privateering is a

A declaration made at St. Petersburg in 1868 on behalf of certain of the powers in relation to the prohibition of the use of explosive bullets in time of war.

The act by which an individual acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same. The instrument in which s

The public proclamation of the government of a by which it declares itself to be at war with the foreign power mentioned, and which forbids all and every one to aid or assist the c

Something which explains or ascertains what before was uncertain or doubtful: as, a declaratory statlaw or the right, as it stood previous to the statute; Sedgw. Stat. & Const. L.

Often used of making a positive statement, as "declare and affirm." Bassett v. Demi, 17 N. J. L. 432. To assert; to publish; to utter; to announce clearly some opinion or resolutio

A plea of sanctuary or of benefit of clergy. 4 Bla. Com. 333. Abolished, 6 & 7 Geo. IV. c. 28, s. 6; MozL & W. Diet. See Benefit of Clergy.

The operation of boiling certain ingredients in a fluid for the purpose of extracting the parts soluble at that temperature; the product of this operation. In a case in which the i

A pond used for the breeding and maintenance of water-fowl. 11 Mod. 74, 130; 3 Salk. 9; Holt 14; 11 East 571.

A letter prepared and mailed on purpose to detect offenders against the postal and revenue laws. U. S. v. Whittier, 5 Dill. 39, Fed. Cas. No. 16,688. The use of decoy letters by in

In English Law. A decree for a divorce, not to take effect till after such time, not less than six months from the pronouncing thereof, as the court shall from time to time direct.

An order made by the court of chancery, upon a motion or petition, in the nature of a decree. 2 Dan. Ch. Pr. 638. published by Boniface VIII. in 129S, called, also, Liber Sextus De

Canonical epistles, written by the pope alone, or by the pope and cardinals, at the instance or suit of one or more persons, for the ordering and determining of some matter in cont

A collection of ecclesiastical law made by Gratian, a Bolognese monk, in 1139-1152. It is the oldest of the collections constituting the Corpus Juris Canonici. 1 Kaufm. Mackeld. Ci

In Roman Law. One of the chief men or senators in the provincial towns. The decniriones. taken together, had the entire management of the internal affairs of their towns or cities,

An actual homicide or manslaughter. Toml. DEDI (Lat. I have given). A word used in deeds and other instruments of conveyance when such instruments were made in Latin. The use of th

The allowance (usually one-third) on the cost of repairing a damage to the ship by the extraordinary operation of the perils of navigation, the renovated pari being presumed to he

A written instrument under seal, Containing a contract or agreement which Co. Litt. 171; 2 Bia. Com. 295; Shepp. Touchst. 50. A writing containing a contract sealed and delivered t

A deed formerly used in England for the formation of joint stock companies constituting certain persons trustees of the partnership property and containing regulations for the mana

A deed which is made by one party only. A deed in which only the party making it executes it or binds himself by it as a deed. 3 Washb. R. P. 311. The term is now applied in practi

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.

To decide; to judge; to sentence. such crimes, and not a semblance of it, nor a mere fanciful approximation to or designation of the offence. Com. v. Pratt, 132 Mass. 247. When a t

Judges in the Isle of Man, who decide all controversies without process, writings, or any cbarges. Tbey were chosen by the people, and are said by Spelman to be two in number. Spel

To mar or disfigure. It has been held that to write on a license anything, whether true or false, other than the particulars required, defaces it; 15 L. J. C. P. 18; [1S95] 1 Q. B.

Actually; in fact; in deed. A term used to denote a thing actually done. An officer de facto is one who performs ment, but without being actually qualified in law so to act. Brown

Tbe act of a defaulter. The reduction of the claim of one of the contracting parties against tbe other, by deducting from it a smaller claim due from the former to the latter. The

The speaking or writing words of a person so as to hurt his good fame, de bona fama aliquid detrahere. Written defamation is termed libel, and oral defamation slander, which titles

The non-performance of a duty, whether arising under a contract or otherwise. In its largest and most general sense, it seems to mean failing. 1 B. & P. 258. The non-appearance of

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

A lack or absence of something essential to completeness. 00 L. J. Q. B. The want of something required by law. In pleading, matter sufficient in law must be deduced and expressed