A New Law Dictionary and Glossary

Lat. A defamer. Famosus defamaior; a libeller. 5 Co. 126.

[L. Lat. defalta, defectus; L. Fr. defaut.] In practice. Omission; neglect or failure. When a defendant in an action at law omits to plead within the time allowed him for that purp

Defaut. L. Fr. Default. Si ilface defaute, si soit il et ses plegges de suer, en la mercy; if he make default, he and his pledges to prosecute shall be in mercy. Britt. c. 46.

Defeazance. [L. Lat. defeisantia; from Fr. defaire, to undo or defeat.] In conveyancing. A collateral deed made at the same time with a feoffment or other conveyance, contauiing ce

Lat. ' [from deficere, to fail, to want, to be deficient.] In old practice. Defect, deficiency, imperfection; failure, default; want. Defectum exitiis; default of issue. Toums. PL

[L. Lat defensio; L. Fr. defence, defense, from defendre, to deny.] In pleading. A denial, by the defendant in an action at law, of the truth or validity of the plaintiff's complai

Defense. L. Fr. In old statutes. Prohibition; denial or refusal. Bnconter U defence et le commandement le roy; against the prohibition and commandment of the king. Stat. Westm. 1,

in modern practice, includes all the proceedings on the part of a defendant to embarrass, delay, or defeat a plaintiff's action. In a stricter sense, defence is used to denote the

[L. Fr. defendre; L. Lat. defendere.] In pleading. To deny. The words " comes and defends,^* {venit et defendit,) have formed a part of a defendant's plea in an action at law from

In modem practice. To oppose or resist a claim at law; to contest d suit.

[L. Fr. defendre, defender.] In old statutes and treatises. To prohibit or forbid. LL. Edw. Conf. c. 37. Stat. Westm. 1, c. 1, 6. Stat. 5 Ric. II. c. 7. "It is defended [forbidden]

Defendaunt. L. Fr. k Eng. [L. Lat. defendens, and sometimes defensor; L. Fr. defendour, from defendre, to deny or defend.] In pleading and practice. The party against whom an actio

Fr. In old practice. Defending; a defending party; the party against whom an action, whether civil or criminal, was instituted. The party accused in the old criminal proceeding by

Defender. L.Fr. To defend or protect. Garraunter, acquiter et defendre son tenaunt; to warrant, acquit and defend his tenant. Britt, c. 68. See Id. c. 76. M quant al defense, se pu

Lat. [from defendere, q. v.] (We will defend.) In old conveyancing. An ordinary word anciently used in feoffments or gifts, by which the donor and his heirs were bound to defend th

See 8e defendendo,

In Scotch law. A defendant.

Defendre, L. Fr. In old pleading. To deny. Perez que cy est defend Umies felonies; Peter, who is here, defends all felonies. Britt. c. 22. In old statutes. To prohibit or forbid. E

Lat. In old pleading. To defend or deny. Petrus venit et defendit cartam, quod nunquam facta fuit per Petrum de Goldinffton; Peter comes and defends [denies] the charter, that it w

Lat. In old statutes. To appropriate to one's exclusive use; to fence in or enclose; to fence out or exclude others. Nullae ripariae defendantur de cetero nisi illa quae fuerunt in

Fr. A defender or defendant; the party accused in an appeal. Britt. c. 22.

Lat. In old English law. A park or place fenced in for deer, and defended as a property and peculiar for that use and service. Coufell.

Fr. In old pleading. Expressive of defence; in form of defence. Se defendent par motz defensables; defend themselves by words of defence. Britt, c. 69.

Defens, L. Fr. Defence. Britt. c. 22.

Defentio. L. Lat. Defence. Feoffatus habebit defensionem suum in manu sua; the feoffee will have his own defence in his own hand. Bract. fol. 21 b. Defensio contra sectam; defence

In English ecclesiastical law. A species of pleading, where the defendant, instead of denying the plaintiff's charge upon oath, has any circumstances to offer in his defence. This

See Defensum, In defenso.

Lat. [from defendere, q. v.] In the civil law. A defender; one who defends another in court. A species of advocate, who, without commission, undertook the defence of a reus (defend

Lat. In old English law. An enclosure, or any fenced ground. 2 Mon, AngL 114. 3 Id. 306. Inclusum etpositum in defensum; enclosed and put in deifence or fence. Bract, fol. 228. A p

Lat. Of fee; in fee. See In feodo. In dominico suo ut de feodo. This phrase is applied in the statute of Westminster 2, to officers. Marescallus de feodo; marshal of fee. C. 42. Qu

Fr. To undo; to defeat; to set aside or reverse. Kelham.

Breve. L. Lat. A writ which lay for a juror who had been attainted for giving a false verdict, to obtain the release of his person, lands and goods on payment of a certain fine to

Lat. Concerning fines levied. The title of the statute 27 Edward I., requiring fines thereafter to be levied, to be read openly and solemnly in court. 2 Inst 521.

Lat. [from de, and finire, from finisj a bound or limit.] In the civil law. To define; to explcdn a thing, {quid res sit explicare.) Calv. Le,x, Jurid. To lay down a rule, {pro reg

Lat. [from definire, q. v.] In the civil law. Definition, explanation, exposition; the explanation of a thing, including, as within a circumscribed line or limit, (finis,) everythi

[L. Lat. diffinitiva sententia!] The final judgment, decree or sentence of an ecclesiastical court; the sentence by which a principal cause is determined, as distinguished from an

The oldest writer on the law of France. JEsprit des Lois, liv. 28, c. 38. Pierre Desfontaines published, about the year 1263, a work on the French law of custom, comparing it with

[L. Lat. deforciare; L. Fr. deforcer.] In English law. To withhold wrongfully the possession of lands; to keep another wrongfully out of possession of a freehold. 3 Bl. Com. 172. S

[L. Lat. deforciamentum.] In English law. A keeping out by force or wrong; a wrongful withholding of lands or tenements to which another has a right; a species of ouster, or privat

In Scotch law. The opposition or resistance made to messengers or other public officers while they are actually engaged in the exercise of their offices. Ersk. Inst. b. 4, tit. 4,

[L. Fr. deforceoar; L. Lat. deforciator, de/orcians.] In English law. One who deforces another, or keeps him out of his freehold. Termes de la ley. See Deforce, Deforcement.

Fr. To deforce. LiU. sect. 614.

Deforcians. L. Lat. [from deforciare, q. v.] A deforciant. Reg. Orig. 171. Reg. Jud. 6.

[L. Lat. deforcians, defortians.'] In English law and practice. One who deforces another; a deforceor, (q. y.) The person against whom the fictitious action of fine was brought. 8

Defortiare, Deforceare. L. Lat. In old English practice. To deforce; to withhold lands or tenements from the right owner. Bract, fol. 238 et seq. Fleta, lib. 6, c. 11. Said by Lord

Lat. Inold English law. A distress, distraint or seizure of goods for satisfaction of a lawful debt. Kennett's Par. Ant. 293. Comll.

Fr. To oppose or obstruct. Kelham.

Breve, L. Lat. Writ of forfeiture of marriage. Reg, Orig. 163, 164.

Lat. Concerning those that break prison. The title of the statute 1 Edward IL, ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaki

h. Fr. To flee from; to nut away; to elope. Kelham. Defuiauni; running away. Id. Defuont; run away. Id. Apres ceo que el avera defuy son bo* ron; after she shall have eloped from h

Lat. Of theft. One of the kinds of criminal appeal formerly in use in England. 2 Reeves' Hist, 40. See Appeal,

Lat. To beat with a club or stick; (fustigare.) Spelman.

Fr. To gjive security; to deliver on gage or security. L. Fr. Diet, Kelham.

Fr. To waste. Degast, degaste, degata; wasted, destroyed. L. Fr. Diet. Kelham.

Lat. Of behaviour and reputation. An old writ which lay in cases where a person's conduct and reputation were impeached. Lamh. Mren. lib. 4, c. 14.

[Lat. degradatio, from de, priv., and gradus, rank.] In English law. Deprivation of dignity or rank; the depriving a peer of his nobility, or a clergyman of his holy orders and ecc

Breve, L. Lat. Writ for respiting or postponing homage. F. N, B, 269, A. DE HOMINE C APTO [CAPIENDO] IN

Breve. L. Lat. Writ for replevying a man. A writ to replevy a man out of prison, or out of the custody of any private person, upon giving security to the sheriff that the man shall

Fr. Out of; without; beyond; foreign to; unconnected with. Dehors the record; foreign to the record. 2 £L Com. SSI. See Jffors.

Fr. To owe; ought. Kelham.

Lat. By the grace of God. An expression used in the titles of sovereigns, and considered as one of the prerogatives of royalty, (propria jura majestatis,) although anciently a part

Lat. The judgment of God. The Saxon trial by ordeal. See Judicium Dei.

Lat. Of increase; in addition. Costs de incremento, or costs of increase, are the costs adjudged by the court in civil actions, in addition to the damages and nominal costs found b

Lat. Of infirmity. The principal essoin in the time of Glanville; afterwards called de malo, 1 Beeves' Hist. 116. See De Malo, Essoin.

Bn^. L. Lat. Writ of entry. Bract, fol. 318,319. Reg. Orig. 221 b.— 231, 236—237. Cowell, voc. Jngressu. See Entry.

See infra.

Lat. Concerning an inofficious, or undutiful will. A title of the civil law. Inst 2. 18. See Inofficiosum.

See Actio de in rem verso.

Breve. L. Lat. Writ of intrusion. A writ which lay for a reversioner, where tenant for life, or in dower, or by the curtesy, died seised of such estate for life, and after their de

Fr. [from Lat. d^icere, q. v J To cast off, or out; to throw down. L. Fr. Diet. Kelham;

Lat. In the civil law. To eject or cast out; to dispossess or deprive of possession. Dig. 43. 16. 1. Inst. 4. 15. 6. This term is used by Bracton indifferently with the more modem

Lat. Concerning Judaism. The title of a statute passed 18 Edw. I. prohibiting usury. Crahh's Hist. Eng. Law, 167. See Judaismus.

Lat. For payment of the amoimt adjudged. A term applied in the Scotch law to bail to the action, or special bail. See Special bail, Judicatum solvere.

Lat. For appearing in court. A term applied in the Scotch law to bail for a defendant's appearance.

Lat. Of right; by right; growing out of right; rightfidly. 4 BL Com. 77. Magna Charta, c. 16. Bract, fol. 45. Usually opposed to de facto, (q. v.) DE LA PLUIS BEALE (or BELLE.^ L.

Lat. [from deferre, to accuse or denounce.] In the civil law. An accusation or information. Calvin's Lex. Jurid.

Lat. In old English law. An accusation; the reward of an informer. LL. Hen. I. c. 46. LL. Ince, c. 20, apud Brompton. Whishaw.

Fr. [L. Lat. de bene esse."] In old English practice. Of well being; of form. Britt. c. 39. See De bene esse.

Ital. (Of belief, trust or warranty.) In mercantile law. A term used to denote the agreement by which an agent or factor, in consideration of an additional premium or commission, w

Lat. The choice of a person. A term applied, in the law of partnership, to the right of a* partner to choose or determine what persons shall be introduced into the firm as new part

Lat. In old English law. To assign to another; to transfer a duty or power; to appoint a substitute; to depute or commission; to delegate.* Bract. fol. 108 b. In the civil law. To

[Lat. delegatio, from delegare, q. v.] In the civil law. The changing or substitution of one debtor for another, by which the obligation which lay on the first debtor is discharged

Delegata. Lat. [from delegare, q. v.] Delegated, deputed, commissioned; appointed to act for another as delegate, deputy or agent. Transferred or assigned, as a power or authority.

Lat. Of the Rhodian law of jettison. A title of the Pandects, in which the Rhodian law of jettison is adopted. Dig. 14. 2. 1. 3 Kent's Com. 233.

Breve. L. Lat. Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his neighbors in any parish, in public or private places, to their annoyan

Breve. L. Lat. Writ of free fold. A species of Quod permittat, Reg, Orig. 155.

Breve. L. Lat. Writ of free fishery. A species of quod permitiat. Reg, Orig, 155.

Lat. In the civil law. To deliberate; to consult; to consider or think upon. Deliberandi jus; the right, privilege or benefit of deliberating. A competent time allowed an heir to d

Lat. In old English law. To deliver. Deliberatur; is delivered. Deliberabitur; shall be delivered. Bract. fol. 89 b. Deliberatum, deliberatus, deliberata; delivered. Id. fol. 76, 1

Lat. [from deliberare, q. v.] In old English law. Delivery. See Liberatio. Acquittal or discharge. Bract. fol. 143 b.

Breve. L. Lat. Writ of free passage. A species of quod permittat. Reg, Orig, 155.

Breve, L. Lat. Writ for proving liberty. A writ which lay for such as, being demanded for villeins or niefs, offered to prove themselves free. Reg. Orig, 87 b, F, N. B. 11. F.

Breve. L. Lat. Writ for allowing liberties. A writ which lajr for a citizen or burgess entitled to certain liberties, to have them allowed him. Reg. Orig. 2^2. There were various v

Breve. L. Lat. Writofpermission to cross the sea. An old writ directed to the wardens of the port of Dover, or other sea port in England, commanding them to permit the persons name

IxL Scotch law. A species of crime. Delicts are commonly imderstood of slighter offences which do not affect the public peace so immediately; as petty riots, <&c. Ersk. Inst. b. 4,

See Delictum, Ex delicto,

Lat. [from delinquere, to offend or transgress.] A crime or offence; a violation of law either natural or positive. Liber homo non amercietur pro parvo delicto, nisi secundum modum

Lat. [from de, and linquere, to leave.] To omit a duty; to neglect or fail to perform a required act. Calvin Lex. Jurid. Hence the English delinquent. To offend or transgress. Henc

Fr. To deliver. Britt. fol. 2 b.

[Lat. traditio; L. Lat. deliberatio.] In conveyancing. One of the essential requisites to the validity of a deed. 2 Bl. Com. 306, 307. This may be either absolute, that is, to the