A New Law Dictionary and Glossary

In the law of bailment. The person with whom a thing is deposited by another, (is apud quem res deponitur,) to be kept for the depositor or bailor, and returned upon demand, withou

Lat. [from deponere, q. v.] In old practice. A deposition; the written testimony of a witness. Beg. Brev. Appendix, 53. Bohun's Cursus Cane. 266.

[L. Lat. depositio, q. v.] In practice. The testimony of a witness put or taken down in writing under oath or affirmation before a commissioner, examiner or other judicial officer,

Lat. [from deponere, to deposit.] In the civU and common law. A naked bailment of goods, to be kept for the bailor without reward, and to be returned when he shall require it. Stor

Breve. L. Lat. Writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by praecipe quod reddat, on default, or reddition, was again disseised by t

Fr. A deposit; an act by which a person receives the property of another, bindmg himself to preserve it and to return it in kind. Civil Code of Louis. art. 2897.

In English eccleai. astical law. The taking away from a clergyman his benefice or other spiritual promotion or dignity, either by sentence declaratory in the proper court for fit a

Breve. L. Lat. Writ for proceeding in an assise. A writ by which the justices of assise were commanded to proceed in an assise, where the proceedings had been stayed. Reg. Orig. 22

Breve. L. Lat. Writ for proving property. A writ directed to the sheriff, to mquire of the property of goods distrained, where the defendant in an action of replevin claims the pro

Lat. Of or concerning protections. The title of a statute passed in the d3d year of Edward I., to prevent some of the evil consequences attending the privileges given by writs of p

Breve. Lat. Writ of protection. Reg, Orig. 25, 26. See Protection.

Lat. In old English law. To appoint, ^x^ or designate. Si lociu fuerit qui deputatus sit ad aliquem usum; if it be a place which is designated for any use. Bract, fol. 210 b. Id. f

[L. Lat. rfcp Mtortf, q. v.] To appoint or designate for a particular purpose. Now applied to persons only, but anciently to places. See Depu tare. Deputy.

[Fr. depute; L. Lat. deputatus.] A person appointed, designated or deputed to act for another. One who exercises an office, &c., in another's right, having no interest therein, but

De kes en sea. L. Fr. From which time until now. Kelham.

& DE QUIBUS. Lat. Of which. Formal words in the simple writ of entry, from which it was called a writ of entry "in the quo," or "in the quibus." 3 Reeves' Hist. 33. Praecipe A. quo

Dereyn, Dereine, [L. Lat. derationare, dirationare, disrationare; L. Fr. dereiner, derener, desreigner, desrener, contr. for deraisner or deraisoner. Spelman.] In old English law.

Lat. Of the ravishment of maids. The name of an appeal formerly in use in England in cases of rape. Bract, fol. 147. 2 Reeves' Hist. 38. See Appeal.

Breve. L. Lat. Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries between the lands of persons in different towns, where one complained of encroachmen

Lat. Toder^gn. See Deraign, Dirationare.

Derechief, Deriche/s, L. Fr. Moreover; again; repetition. Kelkam,

Lat. Of harbouring. Bract, fol. 152 b. A term of old criminal law. See Receptamentum. DE RECORDO ET PROCESSU MIT-

Breve. L. Lat. Writ of right Me^f. Orig. 1, 2. Bract, fol. 82*7 b. See Writ of Right.

Breve, L. Lat. Writ of right of advowson. Reg. Orig. 29 b. A writ which lay for one who had an estate in an advowson to him and his heirs in fee simple, if he were disturbed to pre

Breve, L. Lat. Writ of right of dower. Reg, Orig, 3. F. N, B, 7, E. Bract, fol. 313. See Dower, Writ of Right. DE RECTO DE RATIONABILI

Lat. To &il of ri^hC; to fail in doing justice. A term applied to an inferior court in the old books. Glanv. Ub. 12, c. 1. Bract, fol. 105, 313 b, 329 b. 1 Reeves' Hist. l7l. In th

^r«;«. L.Lat. Writ of right patent. Reg. Orig. 1. See Patent, Called the highest writ in law. F, N. B. 1.

Breve, L. Lat. Writ of re-disseisin. A writ which lay where a man recovered by assise of novel disseisin land, rent or common, and the like, and was put in possession thereof by ve

[Lat. derelictus, derelicturn.] Left, forsaken; as land left dry by the retiring of the sea. 1 Crah Vs Real Prop. 109. Dyer, 326 b. Abandoned, cast or thrown away; as goods wilfull

[Lat. derelictio.] The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion, (q. v.) 2 Roll. Abr. 170. Dyer

Lat. [from derelinquere, to leave or abandon.] Derelict; wilfully abandoned or thrown away. Inst. 2. 1. 46. Bract. fol. 8. That which is without an owner, or which is not in the po

Dereigner, Dereyner, Deraigner, Dereiner, Derainer. L. Fr. To prove, to clear one's self, to deraign. Kelham,

Breve, L. Lat. Writ of replevin. Reg. Orig, 81. F, N, B, 68, D. See Replegiare, Replevin,

Breve. L. Lat. Writ of rescue or rescous. A writ which lay where cattle distrained, or persons arrested, were rescued from those taking them. Reg. Orig. 117, 118. F. N. B. 101, C.

Lat. For having a return; to have a return. A term applied to the judgment for the defendant m an action of replevin, awarding him a return of the goods replevied; and to the writ

Berisium, Directum, Drictum, L. Lat. [Fr. droit, droict.] Right. Spelman. See Droit, Directum, Right. Derivativa potestas non potest esse major primitiva. A derivative power cannot

Lat. [from de, from, and rogare, to pass a law.] In the civil and old English law. To derogate or diminish; to take from or impair the authority, validity or effect of a law or con

[Lat. derogatio, from derogare, q. v.] Diminution or partial abrogation; the taking from or impairing the authority or effect of a law or contract.

^rwe. L.Lat. Writ of safe guard. A writ in the nature of a protection, which was allowed to strangers seeking their right by course of law in England, and apprehending violence or

Breve. L. Lat. Writ of safe conduct. Reg. Orig, 25 b, 26. See Safe Conduct.

Fr. Of his oi- her life; of his own life; as distmguished from pur autre vie, for another's life. Litt. sect. 35, 36. Cra Ws Hist, 383.

Lat. Of, or concerning the exchequer. The title of a statute passed in the 51st year of Henry IIL 2 Reeves' Hist, 61.

[Lat. descendere; L. Fr. descender.] To pass immediately from one person to another by the operation of law, as to an heir on the death of his ancestor. See Descent. When an estate

[Lat. descendens.] One who descends or is descended from another; a relative in the descending line; the opposite of ascendant^ (q. v.) Descendants is a good term of description in

Fr. To descend. Sometimes used as a substantive. See Formedon in the descender.

Discent. [Lat. descetnus; Fr. discent.'] The title by which a man, on the death of his ancestor, acquires his estate by right of representation, as his heir at law. 2 Bl. Com. 201.

Descheur. L. Fr. To 4T fall out, to happen; to fall down. L, Pr, Diet. Descheu de sa plaint; falls from his plaint; that is, fails in it, or loses the benefit of it. Kelham. DYS^CO

Fr. Unfitting, unlawful; not juridical. Britt, c,b2. Kelham. DESCRIPTIO PERSONiE. L. Lat. Description of the person. 3 Day*s B. 470. 2 Ld. Baym, 1437. 2 Stra. 729. 1 Hilliard*s Mea

Breve. L. Lat. Writ for having (or to have) cscuage or scutage. A wnt which anciently lay against tenants by knight-service, to compel them to serve m the king's wars or send subst

Fr. Deciners; pledges in a decennary. Britt. c. 12.

Lat. For behaving himself well; for his good behaviour. lelv, 90, 154.

Breve. L. Lat. Writ of suit at mill. A writ for compelling suit at a mill. Reg. Orig, 153. F, N. B. 122, M. 3 Bl. Com. 235. See Secta ad molendinum. Abolished by statute 3 <fe 4 Wi

Fr. From henceforth. Stat, of Tithes, 18 JSdw. 111. 2 Inst. 639.

L.Lat. To serve; as a feudal tenant did his lord. 2 Bl. Com. 284.

Lat. [L. Fr. de service U roy.] Of the king's service. A species of essoin, or excuse for a defendant's non appearance in court, the groimd of which was that he was necessarily det

Lat. Whereas, (in the sense of opposition.) Dicit quod habet in tali villd midietatem unius carucatcs terrcs; desicut non/uit dotata nisi de tertia parte; says that she has in such

Lat. To mark or point out; to designate, to assign or appoint. Calvin Lex. Jur.

Lat. \iTQm designare, q. v.] Designation, specification. Besigna Uo personce; designation of the person. 2 Powell on Dev. 357, 358. 1 Hilliard's Real Prop. 499. Applied to a word o

(QUE). L. Fr. From which time; sioce. Kelham, Des kes a ore; from which time until now; so far. Id,

Fr. From henceforth, from the present moment; even now, forthwith. Z. Fr. Diet Kelham,

Desmarietz. L. Fr. Unmarried. Kelham,

Fr. Of his gift. See Sur cognizance, dc.

Fr. Of his own wrong. A stranger who takes upon him to act as an executor without any just authority, is called an executor of his own wrong, {de son tort.) 2 Bl. Com. 507. 2 St^h.

Fr. Of his own wrong. See De injuria sua propria, dtc.

JDeshors. L. Fr. From now, from this time. Kelham, Desore en avant, desorenavant, desorenaunt; from this time forward; from henceforth. Id,

De8orem£s, Besormais, L. Fr. From henceforth; hereafter. Stat, Westm, 1, cc. 8, 7, 11. JPful comon plee ne 8oit desormes tenus, <&c.; no common plea shall hereafter be held, &c. Ar

Besoubes. L. Fr. Under. Desoubes U seale; under the seal Artie, sup. Chart, c. 1.

Fr. Under; below. Desouth le petit seale; under the petty (or privy) seal. Artie, sup. Chart, c. 6. Desouth nosmes; undernamed. Stat. Westm, 1, c. 39.

Fr. To disparage. Britt c. 67. See Disparager,

Despyt, Despight. L. Fr. & Eng. Contempt. Despits, Envys; contempts. Kelham. See Departure, &c.

Fr. Despitefully, contemptuously. Kelham*

Lat. Contempt. See Despite, A contemptible person. Fleta, lib. 4, c. 5.

Desus, Besouz, Dessouz, Desoz. L. Fr. Under, underneath; hereafter. Kelham, Britt, c. 55.

Brevia. L. Lat. Writs founded upon statute. Reg. Grig. 173 — 188.

Breve. L. Lat. Writ of statute merchant. A writ which lay for imprisoning him who had forfeited a statute merchant bond, until the debt was satisfied. Reg. Orig. 146 b. There are s

Fr. Distress; process to compel an appearance. Britt. c. 26. Compulsion. Kelham. The district or bailiwick of a sheriflF. Britt. c. 120. See District.

\l At, destructio; L. Fr. destruecion.] A term used in old English law, generally in connexion with Ufoste, and havmg, according to some, the same meaning. 1 Beeves' Hist, Eng. Law

Lat. To destroy. JVWlus liber homjo capiatur — aui aliquo modo destruatur; no freeman shall be taken — or in any manner destroyed. Magna Charta, c. 29. Lord Coke construes destroye

Fr. To disturb. Desturbe; disturbed. Britt. c. 32.

Breve. L. Lat. Writ of supersedeas. Reg. Orig. 274 — 278. See Supersedeas. DE SYLV A C^DUA, Breve. L. Lat. Writ concerning coppice wood. Reg, Orig. 44. See Sglva Ccedua. DE TALLAGI

Desuz, Desuis, Desuys, L. Fr. Under; below. Comprises desus le nosme de peison; comprised under the name of mast. Britt. c. 55. See Desous. Upon; above. Kelham. L. Fr. Diet. Before

Devester. L. Fr. To devest; to imclothe. Z. Fr. Did. See Devest.

Lat. To seize or take into custody another's goods or person. This word is given by Cowell, but seems a corruption ofattacluare, (q. v.)

[Lat. detentio; L. Fr. detenue.] Detainment or detention. The keeping another out of possession of lands or tenements. 3 Bl. Com. 179. The unlawful holding possession of another's

Fr. To detain. Detenour; a detainer; one who detains. Britt. c. 27.

Lat. In old English law. Detention or detainment, as distinguished from, or in connexion with captio, (taking.) Brctct, fol. 156 b. Detentor; a detainer. Id. ibid. In the civil law

Fr. Detention. En la prise et en la detenue; in the taking and in the detention. Britt. c. 27. Hence the name of the action of detinue, (q. v.)

That which may cease or determine upon the happening of a certain contingency. 2 £L Com. 121. See Determine.

[L. Lat. determinatio.] A ceasing, termination, or coming to an end, (terminus.) Distinguished from expiration, as depending on contingency. See Determine. "Tenant for life, or his

[L. Lat. determinare, from terminus, an end or limit.] To cease, terminate, or come to an end, on the happening of a certain contingency. "There are some estates for life which may

Lat. Of the Holy land. A species of essoin, the ground of which was that the party had gone to the holy land. Glanv. lib. 1, c. 29. Bract. fol. 339. Spelman, voc. JSssoniare. See E

Lat. In the civil law. To summon or give notice to one in his absence, {absenti denuntiare.) Dig. 50. 16. 39.2.

Lat. In the civil law, A summoning made, or notice given in the presence of witnesses, {denuntiatio facta cum testatiane.) Dig. 50. 16. 40.

Breve. L. Lat. Writ of toll. A writ of trespass which lay where a person was prevented from taking toll. Reg. Orig. 103. DE TRANSCRIPTO PEDIS FINIS

Lat. (He detains.) In pleading and practice. A term anciently used (as the English equivalent still is,) in declaring in certain actions of debt, as against executors and administr

Fr. and Eng. [L. Lat. detentio, or breve vel actio de detentione.'\ In practice. A species of personal action ex delicto, which lies to recover the specific possession of a persona

Breve, L. Lat. Writ of trespass. Beg, Orig, 92 — 111. See Trespass,

AD AUDI-

Fr. Tries; tried. Britt. c. 90. Kelham.

Fr. A debtor. Britt. c. 28. See Deit.