A New Law Dictionary and Glossary

Fr. and Eng. d. damage de eler; clerk's compensation; (c[. J. Lat. damna clericorum^ In old English practice. A sum of money or fee which a plaintiff recovering damages in the cour

Fr. To injure, to oppress. Kelham,

Fr. and Eng. [L. Lat. damna, q. v.] In general practice. A pecuniary compensation or satisfaction for an injury, given usually at law, but sometimes in equity. In pleading. A sum o

Fr. [L. Lat. damnosus.'] In old English law. Causmg damage or loss, as distinguished from torce- House, wrongful. BritL c. 61. There is no equivalent for this word in English, alth

Lat. [plur. of damnum, q. v.] In old English law and practice. Damages, inclusive of costs of suit. 10 Co. 116 b. Co. Litt. 257 a. Damages, exclusive of costs. 10 Co. ub. sup. Damn

Lat. [from damnare, to condemn.] In old English law. Condemned; prohibited by law, unlawful. Damnatus coitus; an unlawful connexion. Bract, fol. 5. 4>wl ex daniial* c«it« ««•cmtar

Dampner. L. Fr. To condemn. Dampner a la mart; to condemn to death. Britt. c. 5. DAMNI INJURIiE ACTIO. Lat. In the civil law. An action for mjurious damage. An action given by the

Lat. [irom damnum, q. v.l That which produces loss, as distinguished from injuriosus, or that which works a wrong. Bract, fol. 231 b.

Dampnum. Lat In pleading and old English law. Damage; loss. Ad damnum (q. v.); to the damage. Damnumfacientes; doing damage. Beg, Jud, 27. Pro damno facto; for damage done. Bract,

Lat. In the civil law. Damage; the loss or diminution of what is a man's own, either by fraud, carelessness or accident Ifeinecc. JSlem, Jur, Civ, lib. 8, tit. 14, § 784. Hallifax

Lat. A loss without a wrong; that kind of damage for which an action will not lie. Vmu •mm» dsmiMBA ladacit ia Jvr UiBi. It is not every loss that produces an injury. Bract, fol. 4

Lat. In the civil law. Fatal damage; damage from fate; loss happening from a cause beyond human control, (quod ex fato contingit,) and for which bailees are not liable; such as shi

Lat. The old form of writing damnum. Stat. Marlbr. c. 1. Bract. fol. 98 b. So in the derivatives and compounds, dampnificare, condempnare, indempnis; and in the Fr. dampner, sdempn

Denelage. [L. Lat. Danelaga, Denelaga; from Dane, and Sax. lage, law.] A system of laws introduced by the Danes on their invasion and conquest of England, and which was principally

Danegelt, Danigeld. [L. Lat. Danigeldum, Danegeldus; from Dane, and Sax. geld, money or tribute.] In old English law. Money for the Danes, {trihutum Danicum.) Spelman. A tax of one

Lat In old English law. A payment in money made by forest tenants to the lord, that they might have leave to plough and sow in time of pannage or mast feeding. CoweU.

Lat [from daps, a feast, and/erre, to carry.] In old European law. A steward, either of a king or lord; a seneschal. Origina Uy, a domestic who waited on the table. Called also dom

Lat To ^ve; to cause a thing to be effectually his who receives it; irem accipientis facere cum effeetu.) Bract. 61. 11, 38 b. See Do, Give.

See Deraigner. DAREYNK See Darrein.

Darreine, Darreyyte, Da^ reyne, Darrain, Darraigne, L.Fr. Last Dareyne volunte; last will. Britt c. 28. Dabbbin Co NnNUAKCE. L. Fr. In practioe. The last continuance. See Cor Uinuo

Lat. [from c?ar«, to give.] In the civil law. A giving, or act of giving. Datio in solutum; a giving in payment; a species of accord and satisfaction. Called in modem law, dation.

[L. Lat. dativus; L. Fr. datif.^^ In old English law. In one's gift; that may be given and disposed of at will and pleasure. Applied to an officer in the sense of removeable, as di

Lat. [from dare, to give.] In old conveyancing. Given, dated. Co. Litt. 6 a. A date. See Date.

Lat. In old Scotch law. A portioQ of land, containing four plonghlands. Skene de Verb. Signify

[Lat. dies; Fr. jour.] A pe-.riod of time consisting of twenty-four hours, and including the solar day and the night. Co: Liu, 135 a. Bract, fol 264. An artificial period of time,

[Lat. dies.] In practice and pleading. A particular time assigned or given for the appearance of parties in court, the return of writs, &c. See Days in bank, Dies datus, Return day

[L. Lat. diurnum lumen, crepusculum.] That portion of time before sunrise, and after sunset, which is accounted part of the day (as distinguished from night,) in defining the offen

In English practice. A nile granted (or rather a certificate of the Court of Queen's Bench having granted a rule) to a prisoner, permitting him to go beyond the rules, (that is, th

[L. Lat. dies in 5anco.] In practice. Certain stated days in term appointed for the appearance of parties, the return of process, &c., originally peculiar to the Court of Common Be

[from day, judgment, according to some.] An arbitrator, umpire or elected judge. Cowell.

In mercantile law. Days (usually three in number) allowed by the custom of merchants for the payment of bills of exchange and promissory notes, (except such as are payable on de^ m

[L. Lat. dies gratiae, or amoris.] In old practice. Three days allowed to persons summoned in the English courts, beyond the day named in the writ, to make their appearance; the la

In old English law. A term applied to land, and signifying as much arable ground as could be ploughed up in one day's work. Cowell. DE. Lat. and L. Lat. Of, about, concerning, resp

[Lat. diaconus, from Gr. diakonos.] In ecclesiastical law. A minister or servant in the church, whose office is to assist the priest in divine service and the distribution of the s

In maritime law. A kind of freight payable by the charterer of a vessel, when the cargo in respect of which it is payable has, from some cause, on the part of the charterer, not be

[Lat. faida mortalis or mortifera,] A profession of irreconcilable hatred against an enemy, until revenge were obtained even by his death. This was allowed by the ancient Saxon law

or DEATH'S

Breve. L. Lat. Writ of admeasurement of dower. A writ which lies where a widow has assigned to her by the heir or his guardian more land as dower than rightly belongs to her; comma

[L. Lat. mortuum vadium^ A mortgage. See Mortgage, Mortuum Vadium,

In Scotch law. That portion of the property of a deceased person which remained over the jus relictas (share of the widow), and the children's legi Hm, (lawful portion;) and so cal

Lat. [from de priv. and advocare, to advocate or acknowledge.] In old English law. To abandon a cause, {causam deserere,) or give up its advocacy. Spelman, To disavow, or disclaim;

[L. Lat. deafforestare, deforestare.] In English law. To discharge from being a forest; to release or exempt from the forest law. Stat. 17 Car. 1, c. 16. Reg. Jud. 83 b. See Disaff

Lat. [from albus, white.! In old English law. To whiten or make white. Dealhare firmam; to whiten rent or farm; that is, to convert the base money in which rent (^fimui) was paid,

Breve, L. Lat. Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) in the

Lat. Of high and low. A phrase anciently used to denote the absolute submission of all differences to arbitration. Cowell, voc. Alto et basso. Stat. Wallice, 12 JSdw. I. 2 Beeves'

Lat. Concerning bribery. Ambitus (bribery) was the subject of several of the Roman laws; as the Lex Aufidia, the Lex Pompeia, the Lex Tullia, and others. See Ambitus.

Lat. Of more abundant or especial grace. Towns. PI. 18.

[Lat. decanus; Gr. dekanos, from deka, ten.] In English ecclesiastical law. An ecclesiastical dignitary who presides over the chapter of a cathedral, and is next in rank to the bis

\L.Lsit. decanus et capitulum.'] In English ecclesiastical law. A spiritual corporation constituting the council of a bishop, to assist him with their advice in affairs of religion

Of the bissextile or leap year. The title of a statute passed in the 21st year of Henry IIL which in fact, however, is nothing more than a sort of writ or direction to the justices

Breve. L. Lat. Writ of annual pension. An ancient writ by which the king having a yearly pension due him out of an abbey or prioiy for any of his chaplains, demanded the same of th

Breve. L. Lat. [L. Fr. brefe d'annuitie.] A writ of annuity. A writ for recovering an annuity whether payable in money or goods. Reg. Orig. 158 b. F. N. B. 152 A. 2 Reeves' Hist. E

The presiding judge of the court of Arches in England. See Arches Court. By the act of 3 <fe 4 Yict. c. 65, the Dean of Arches is made an assistant judge of the court of admiralty.

Breve. L. Lat. Writ for taking an apostate. A writ which anciently lay against one who, having entered and professed some order of religion, left it and wandered up and down the co

L. Lat. Concerning the property of religious persons carried away. The title of the statute 35 Edward I. passed to check the abuses of clerical possessions, one of which was the wa

Brwe. See De contintuir*do assisam.

Breve. L. Lat. Writ for proroguing an assise. A writ anciently directed to the justices assigned to take assizes, commanding them to prorogue or postpone an assize to a certain day

In Scotch law. A state of sickness which ends in death. Ersk. Inst. b. 3, tit. 8, § 95^

In Scotch law. A deed made by a person while laboring under a distemper of which he afterwards died. I^rsk. Inst lib. 3, tit. 8, 8 96. A deed is understood to be in death bed if be

Breve. L. Lat. Writ for receiving an at' tomey. A writ which anciently lay to the judges of a court, requiring them to receive and admit an attorney for a party. Beg. Orig. 2Qh, 11

L. Lat. [L. Fr. de oyer et terminer.] For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear and determine

Breve. L. Lat. Writ for replevying beasts. A writ directed to the sheriff, commanding him to cause to be replevied for a party his beasts or chattels, &c., which another had taken

Lat. For returning the cattle. A term applied to pledges given in the old action of replevin. 2 Beeves' Hist. Eng. Law, 177.

Breve. L. Lat. Writ of aiel or ayle. Beg. Orig. 226.

Lat. Of the bench. A term formerly applied in England to the justices of the Court of Common Pleas, or Bench, as it was originally styled. Bex jus Htiariis suis de banco, salutem;

Debase. L. Fr. Below, under, beneath. Kelham,

Lat, [L.¥r, del hien estre.J In old practice and conveyancing. Of well being; of form; of mere form; of necessary, sufficient or advisable form; of good precaution; of contingent o

[from Lat. debere, to owe.] A custom-house certificate, entitling the exporter of imported goods to a drawback of duties paid on their importation. Act of Congress, March 2, 1799,

Lat. [from debere, to owe.] He owes; he ought. See infra.

Lat. He owes and detains. Words anciently used in the original writ, (and now, in English, in the plaintiff's declaration,) in an action of debt, where it was brought by one of the

Lat. He owes and is used, [or has been used to do]. Words anciently used in writs, showing both a right and a custom as the ground of the claim; as in the writs De secta ad molendi

See De bene esse. Del bien estre.

Fr. For good and evil. A phrase by which a party accused of a crime anciently put himself upon a jury; mdicatmg his entire submission to their verdict. i Stat, Glocest. c. 9. 2 Ree

Lat. Concerning men twice married. The title of the statute 4 Edw. I. St. 3; so called from the initial words of the fifth chapter. 2 Inst, 212, 2 Beeves' Mist, 142. It contains on

Lat. In Scotch law. Debts secured upon land. Frsk. Inst b. 4, tit. 1, § 11.

Lat. In old English law. Debts of the laity, or of lay persons. Debts recoverable in the civil courts were anciently so called. Crabb's Hist. Eng. Law, 107. Debita sequuntur person

L. Lat. In a due or lawful manner.

Lat. [from debere, to owe.] A debtor. Debitor intelligatur is a quo invito exigi pecunia potest; a debtor may be understood to be one from whom money may be exacted against his wil

Lat. [from debere, to owe.] A thing due or owing; a debt. Inst. 3. 16. 1. Stat. Westm. 2, c. 18. See Debitor. Debitum et contractus sunt nullius loci. Debt and contract are of [bel

Fr. Cf good memory; of sound mind. Stat, Mod* Lev, Fines, 2 Inst. 610.

Lat. For goods taken away; for taking away goods. The action oi trespass for taking personal property is techmcally called trespass de bonis asportatis, 1 Tidd*s Pr, 5. Browne on A

An abbreviation of De bonis non administratis, {q.Y.) l Stra.Z4. DE BONIS NON ADMINISTRA-

Breve, L. Lati Writ for not removing goods. A writ ancien Uy directed to the sheriffs of London, commanding them, in cases where a writ of error was brought by a defendant against

Lat. Of his own goods; of the proper goods of a defendant. A term applied to a judgment rendered against an executor or administrator, awarding execution against his individual pro

Lat. For good and evil. A phrase in old pleadings, by which a party accused or appealed put himself upon a jury. Ut quod inde culpabilis non sit, ponit se super patriam de bono et

Lat. For good behaviour. DE C-^ETERO, DE CETERO. L. Lat. [L. Fr. desorm^,'^ Henceforth, henceforward; hereafter, m future. Quod voluntas donatoris de cetero observetur; that the wi

Fr. To hinder. Debote; hindered. Britt. c. 40.

Fr. To break. Ceux queux ount debruse la prison; those who have broken the prison. Stat, Westm, 1, c. 15. Britt. c. 11. To break down, as a bridge. L. Fr. Diet. To break to pieces.

[Lat. debitum; L. Fr. det, dett, dette.] A sum of money due by certain and express agreement; as by bond for a determinate sum, a bill or note, a special bargain, or a rent reserve

[L. Lat. breve, sen actio de debito.'] In practice. The name of an action which lies at law to recover a certain specific sum of money; or a sum that can readily be reduced to a ce

A debt or obligation arising upon a contract which is ascertained by mere oral evidence; or upon some written agreement or contract not under seal.* 2 BL Com, 465. See Simple contr

or special contract. A debt due, or acknowledged to be due by some deed or instrument under seal; as a deed of covenant or sale, a lease reserving rent, or a bond or obligation. 2

A person to whom a debt is due; a creditor. 3 Bl Cam. 18. Plowd. 543. Not used.

Lat. A species of debt or obligation mentioned by Glanville and Bracton, and which arose ex mutuo, out of a certain kind of loan. Glanv, lib. 10, c. 3. Bract fol. 99. 8ee Mutuum, E

A debt which appears to be due by the evidence of a court of record, as by a judgment or recognizance. 2 BL Com. 465.

[Lat. debitor; L. Fr. dettour,'] A person who owes a sum of money, or is indebted to another.

Breve. L. Lat. "Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of a place to repair and maintain a causeway, <&c. Beg. Or

Lat. [from decanua, q. v.] A deanery. Spelman. A company of ten persons. Calvin Lex. Jurid,

Lat. [from decanus, q. v.] The office, jurisdiction, territory or command of a decanus, or dean. Spelman, See Decanus.

Lat. [from Gr. dsnavog, from dsndii, ten.] In ecclesiastical and old European law. An officer having supervision over ten; a dean. A term applied not only to ecclesiastical, but to