A New Law Dictionary and Glossary

In the contract of sale. The act by which the seller of a thing transfers it to the hands or possession of the buyer or his agent, or places it within his control or power, or suff

Lat. For inquiring about a lunatic or lunacy. The name of a commission, in the nature of a writ, issued in cases of alleged lunacy, to inquire whether the party be a lunatic or not

Breve. L. Lat. Writ of, or for choosing the grand assise. A writ directed to the sheriff to summon four lawful knights, before the justices of assise, there, upon their oaths, to c

Demaine, Demayne, Demaygne, Demeyne, Bemeigne, Demesne, L. Fr. <fe Eng. [L. Lat. demanium, domanium, dominicum,'] In old English law. A term used to denote a lord's chief manor pla

Fr. Of bad reputation. Stat. Westm. 1, c. 12.

Lat. [L. Fr. de mat de Igt.] Of infirmity or illness of [in] bed. A species of essoin or excuse for non appearance in court, formerly allowed a defendant in England, and more ancie

Lat. [L. Fr. de mal de venue.'] Of infirmity or misfortune in coming. A species of essoin or excuse for non-appearance in court, formerly allowed a defendant in England, and more a

[L. Fr. demande, demaunde; L. Lat. demanda, demandum; Lat. petitio, postulatio, postulatum.] A calling for a thing due or claimed to be due. Jacob. A claim. Co. Litt. 291 b. A thin

Lat. In old English law. A demand. Bract, fol. 17, 35. Si quis recuperaverit demandam suam; if one shall recover his demand. Stat. Westm, 2, c. 44. See 8 Co. 153.

[L. Lat. petens.] In practice. The party suing in a real action; the same as plaintiff, (querens) in a personal action. Litt. sect. 195. He who is actor in a real action; so called

Lat. In old English practice. To demand. Toums, PL 63. See Demanda. To order or award; to direct a sentence to be carried into effect. Judicium executioni demandare; to order a jud

Lat. In old English law. A demand. This, says Lord Coke, " is a word of art, and, in the understanding of the common law, is of so large an extent as no other one word in the law i

J5rm. L. Lat. Writ of maintenance. A writ which lay against a person for the offence of maintenance. Reg, Orig. 189, 182 b. DE MEDIETATE LINGU-^. L. Lat. Of half tongue; i. e. half

Breve, L. Lat. Writ of mesne. A writ in the nature of a writ of right, which l&y for an undertenant against the mesne or middle lord, where, upon a subinfeudation, the mesney or mi

Lat. Of, or for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separate

In Scotch law. The crime of cutting ofiF a member. Ersh, Inst, b. 4, tit. 4, § 50.

Lat. [from de, priv. and mens, mind.] One who is deprived of his mental faculties, or who has lost his mind, (mente captus.) One who does not think of what he does or says; (qui no

Dementiers. L. Fr. In the mean time; meanwhile. Kelham,

Lat. Of merchants. The title of a statute passed in the 13th year of Edward L, by which all the lands of a debtpr, where the debt was contracted in trade, might be delivered to the

Demei/ne, Demeine, Demeigne, L.Fr. [Lai. suus, propriut.'] Own; one's own. De son tort demesne, (a. v.); of his own wrong. De son seigniour aem^gne; of his own lord. Britt. c. 38.

[L. Lat. terrae dominicales.] In English law. Those lands of a manor not granted out in tenancy, but reserved by the lord for his own use and occupation. Lands set apart and approp

[L. Lat. terrae dominicales regis.] In English law. That share of lands reserved to the crown at the original distribution of landed property; or such as came to it afterwards by f

Fr. To let go; to part with; to put away. Kelham. Demette se; parts with. Id,

Fr. Demesne. En demeyne, si est dit a la difference de ceo que est tenu en seigniory, ou en service, ou en commun ovesque autres; in demesne is so called to distinguish it from tha

Lat. Of, or concerning knights. The title of a statute passed in the 1st year of Edward II., the object of which was to abate that part of the feudal system, which required every o

Demy-mark. [L. Lat. dimidxa marca.^ In old English practice. Half a mark; a sum of money of the value of six shillings and eight pence, the tender of which was formerly necessary i

^rm. Lat. Writ of threats. A writ which lay where a person was threatened with personal violence, or the destruction of his property, to compel the offender to keep the peace. Reg,

See Diminutio.

That may be demised. 1 Crabb's Real Prop. 607, § 768. Demisability; the quality of being demisable.

Demy^ngue. L. Fr. Half-blood. See Half-blood.

[L. Lat. demissio, dimissio, qq. v.] In conveyancing. A conveyance of an estate to another for life, for years or at will; most commonly, for years; a lease. 1 St^h. Com. 475. 2 Cr

In conveyancing. Mutual leases made from one party to another on each side, of the same land, or something out of it; as when A. grants a lease to B. at a nominal rent, (as of a pe

or CROWN. [L. Lat. demissio \dimissi6\regis vel coronce; L. Fr. demise le roy.] In English law. The natural dissolution of the sovereign, or the disunion of the king's natural body

Lat. [from demittere, q. v.] I have demised or leased. Demisi, concessi, et ad firmam tradidi; have demised, granted and to farm let. The usual operative words in ancient leases, a

Lat. [from demittere, q. v.] In old English law. A demise, or lease. Ex demissione, (q. v.); on the demise. A transfer. Demissio coronae; a transfer or demise of the crown. 1 Bl. C

Half a vill. One of the smallest of the ancient civil divisions of England; consisting of five freemen, or frankpledges, with their families. 1 Bl. Com. 115. 1 Steph. Com.116. Spel

Lat. Of a modus of tithing. A term applied in English ecclesiastical law, to a prescription to have a special manner of tithmg. 2 BL Com, 29. 3 Steph. Com, 130.

Demoerer. L. Fr. To stop, or stay; to remain; to abide or dwell with. Britt. c. 16. Kelham. See Demurrer.

j Dcmo Krc. Lat. To demolish; to throw down or overthrow. BrwU fol. 115, 233. Demollitio; a demolishing. Id. fol. 234. 46

Lat. Concerning money. The title of three statutes passed in the 20th year of Edward I., viz: the statute I>e moneta, 20 Edw. I. st. 4; the statute De moneta, parvum, 20 Edw. I. st

Lat. [from demonstrare, to point out, or show.] Demonstration; description, denomination or addition; the designation of a person or thing by words of addition, or reference; or wh

Lat. [L. Fr. demorer, demeurer.] In old pleading. To wait, stay or abide; to pause, stop or rest; to demur. Steph. PL 44. Demoratur; he demurs. Moratur in lege; he rests or abides

Fr. [from Lat. demorari, q. v.] To remain, or stay; to abide, reside or dwell. Pur suffrer eux demorer a lour mesons; for suffering them to stay at their houses. Britt. c. 21. Demo

Fr. From word to word; word for word. Britt. c. 22.

[from L. Fr. demurer, demorer, to stop, stay or rest.] In pleading. To raise an objection in point of law, and rest or pause upon it, referring its decision to the court; to object

Demurrer. L. Fr. To rest or stay; to abide; to demur. Demurt en abeyance; it rests or remains in abeyance. Litt. sect. 649. Demurrions en vos discretions; we rest upon your discret

Demorage. [L. Lat, demoragium.] In maritime law. The detention of a vessel by the freighter beyond the time allowed by the charter party for loading or unloading, or for sailmg.* 3

In equity pleading. An objection to the complainant's bill in a suit in equity, of nearly the same nature as a demurrer in law, being an appeal to the judgment of the court whether

In practice. A record of the issue on a demurrer at law, oontaini Dg a transcript of the pleadings, with proper entries; and intended for the use of the court and counsel on the ar

Fr. & Eng. [from L. Fr. demurer, demorer; L. Lat. demorari, to wait, stop or stay.] In pleading. Literally, a pause, or rest. A tind of pause or stop put to an action, [and usually

Demysanke. L. Fr. Half-blood. See Half -blood,

Dene. Sax. [L. Lat. dena.] In old records. A valley, vale, or dale. Spelman, voc. Dena. Co. Litt. 46. A hollow or low place among woods. Cowell.

In old English law. Liberty for ships or vessels to run aground, or come ashore. CowelL

Lat. [from denarius, a penny.] In old English law. The value or worth of a penny. Denarata reditus; a penny rent. Reg. Orig. 1 b. Towns. Pl. 64. See Denariatus.

Lat. [from denariu Sf q. v.] The price of a thing, consisting of a penny, (pretium rei quce denario constat,) Spelman, DEN ARIL (pl.ofi:>enaH««,q. V.) Lat. Money in general, (pecun

Lat. In the Roman law. A silver coin of the value of ten asses, or ten pounds of brass. Its value in modern money is estimated at Vjd. sterling, or about 14^ cents. £ncyclop. Amer,

Lat. In old English law. God's penny. Earnest money. formerly given and received by the parties to contracts, to bind the contract. Carta 31 Edw. I. m. 4, cited in Cowell, and give

Lat. [Fr. denier,'] An English penny. By the statute called Compositio Mensurarum, 51 Edw. I., it was declared that the penny sterling of England ^denarius Angltce qui nominatur st

Breve. L. Lat. [L. Fr. briefe de naifie.] Writ for having one's villein. A writ which lay for a lord whose villein had fled from him (fugitivo) directed to the sheriff, commanding

Lat. Of maritime interest. A title of the civil law. Dig. 22. 2. Cod. 4. 33. 3 Kent's Com. 364 note. De non apparentibus et non existentibus eadem est ratio. See Apparens, Apparere

Breve, Writ for rendering or re-de Uvering charters, or deeds. A writ of detinue of charters. Beg. Orig. 169 b. F. If. B. 138. See Be catallis reddendis,

Fr. Of England. Written as one word for de Engleterre, Britt. fol. 1, 2.

Fr. A penny. l Att. sect. 236. See Dener,

In English law. The act of making a denizen. Cro. Jac. 640. Co. Litt, 129 a. See Denizen, Natura Hzation.

[from L. Fr. dmaison, (Lat donatio,) a gift; or deins nee, bom within. See infra,'] In English law. An alien bom who has obtained ex donatione regis (from the king's gift,) letters

Lat Of not paying tithes. A term applied in English ecclesiastical law to a prescription or claim to be entirely discharged of tithes, and to pay no compensation in lieu of them. 2

Fr. Of unsound memory or mind; a phrase synonimous with nofi compos mentis. Litt, sect. 406. Flowd, 368. Stock on Non Compotes Mentis, 1. See Mermry, Non Compos Mentis^

Lat. Concerning the prohibition of a new work. A title of the civil law. Dig, 30. 1. See Nuntiatio,

Lat. [L. Fr. de novei:\ Anew; (of new,) a second time.

Lat. [from denuniiare, q. v.] In old English law. A notice or summons. Bract, fol. 302 h. A puhlic notice or puhlication, as of banns. Id, fol. 307 b.

[L. Lat, JDeodandum; a thing to be given to Ood.] In English law. Any personal chattel which was the immediate occasion of the death of any reasonable creature, and which was forfe

Breve, L. Lat. Writ of hatred and malice. A writ which anciently lay for a person committed to prison on a charge of homicide, and who otherwise could not be bailed. It was directe

Dednarius. L. Lat. A deciner; one of the ten freeholders composing a decennary; otherwise called a handborowe. Spelman. Id. voc. Handborowe. See Deciner, Frankpledge.

Lat: Concerning the office of coroner. The title of the statute 4 Edward L, enumerating the duties of the office of coroner. 2 Beeves* HisL 140. DE ONERANDO PRO RATA POR-

L. Lat. Of [breach of] peace and imprisonment. The title of an appeal formerly in use in England in cases of imprisonment and breach of the peace. Bract. fol. 145 b. 2 Reeves' Hist

Lat. Of peace [breach of peace] and wounds. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of assault, wounding and breach of the peace. Bra

Lat. Of peace [breach of peace] and robbery. One of the mnds of criminal appeal formerly in use in England, and which lay in cases of robbery and breach of the peace. Bract. fol. 1

Lat. Of peace broken; of breach of the peace.

Breve. L. Lat. Writ of pound breach. A writ which lay against him who violently broke a pound, and took out beasts from thence, which were lawfully impounded. Reg. Orig. 116 b. F.

[L. Lat. departire, decedere,'\ In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See Departure. In old English law. To divide or se

Departier, L. Fr* To divide. Pur ceo que rien remeynt a departir entre les autres parcetiers; because nothing remains to divide between the other parceners. Britt. c. 72. Departi,

Breve. L. Lat. Writ for making partition. A writ which lay to make partition of lands or tenements held by several pro indiviso as coparceners, &c. Reg. Orig. 76. F. N. B. 61, R. 0

[L. Lat, departura, decessu^.] In pleading. The abandonment of the ground of a former pleading, and the adoption of another.* 2 Saund, 84, a note (1). A departure takes place when,

See Actio de peculio. DE PERAMBULATIONE FACIEN- DA, Breve, L. Lat. Writ for making perambulation. A writ which lay to ascertain the boundaries of lands, where parties were in doubt

In practice. Pending or undetermmed; in progress. See 5 Co. 47.

Span. In Spanish American law. Spaces of ground in towns reserved for commons or public pasturage. 12 Peters' R. 443, note.

Breve. L. Lat. A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks

Lat. Of a plea; of, or in an action. Formal words used in declarations and other proceedings, as descriptive of the particular action brought. De placito debiti; of a plea of debt.

Lat. Of wounds and maihem. The name of a criminal appeal formerly in use in England, in cases of wounding and maiming. Bract, fol. 144 b. 2 Reeves' HisL 34. See Appeal.

Fr. In a summary way. Kelham. See De piano.

Lat. A L. Lat. In the civil law. Without form; in a sunmiary manner. The praetor was said to administer justice in this way, {de piano cognoscere,) when he did so standing on the g

Fr. Of fuU age. Stat. Mod. Lev, Fines. 2 Inst, 510. DE PONENDO SIGILLUM AD EX-

[Lat. deponens, from deponere, q. v.] In practice. One who deposes, (that is, testifies or makes oath in writing) to the truth of certain facts; one who gives under oath testimony

Lat. [from <?e, down, and pcnere, to put or lay.] In old practice. To put or lay down; to depose. See Depose. To state under oath. Bract fol. 293. Applied by Bracton to the deliver

In old English law. The crime of destroying, raving or laying waste a country. 2 Hal. P. C. 333. 4 JBl. Com. 373.

In old English law. A species of waste by which the population of the kingdom was diminished. Depopulation of houses was a public offence. 12 Co. 30, 31.

Lat. [from deportare, to carry away.] In the civil law. A kind of banishment, where a condemned person was sent or earned away to some foreign country, usually to an island, {in in

Fr. <fe Eng. Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights. A punishment derived from the deportatio (q. v.) of the Roman

[L. Lat. deponere, q. v.] In practice. To state or testify under oath, in writing; to make a statement or give testimony under oath, which is reduced to writing; to make a statemen

A species of bailment, derived from the civil law, and called also, after that law, depositum. Lord Holt, who is followed by Sir W. Jones, and Mr. Chancellor Kent have adopted the