A New Law Dictionary and Glossary

[or DE TRANS Mare,- L. Fr. de outre la meer,] L. Lat. Of beyond sea. A species of essoin, the ground of which was that the party was detained in parts beyond the seas. Olanv, lib.

(pi. DEUNCES.) Lat. In the Roman law. A division of the as, containing eleven uncics or duodecimal parts; the proportion of eleven-twelfths. 2BI. Com. 462, note. See As.

Breve, L. Lat. A writ which lay where a man's wife had been ravished and carried away. A species of writ of trespass. Reg, Orig. 97. F, N, B, 89 O. 3 Bl Com, 139.

Lat. [from de, priv. and vadiare, to pledge.] In old English law. To be discharged from giving gage {vadium) or pledge. Bract, fol. 102. This seems to be the proper meaning; devadi

Fr. To go downwards; to bring down. Kelham.

Devaunt, Devent. L. Fr. Before, jyevantleroy en son place; before the king in his place, (i. e. in his own court.) Heg. Orig. 17 b, note. Devaunt nos justices; before our justices.

[Lat. devastatio, from devastare, to waste.] The waste of the property of a deceased person by his executor or administrator. 2 Bl. Com. 508. Sometimes called devastavit, (q. v.)

Lat. (pi. of devastavit, q. v.) They have wasted. A term applied in old English law, to waste by executors and administrators, and to the process issued against them therefor. Cowe

[L. Lat. from devastare, to waste.] He has wasted. Waste by an executor or administrator; a mismanagement of the estate and effects of the deceased, in squandering and misapplying

Breve. L. Lat. Writ of waste. A writ which might be brought by him who had the immediate estate of inheritance in reversion or remainder, against the tenant for life, in dower, by

Devenir, Devener. L. Fr. To come; to become; to fall to. L. Fr. Dict. Devenus; come. Britt. c. 21.

Lat. [from devenire, to come, to come to; or fall to.] In old English practice. A writ directed to the escheator, where any tenant of the king, holding in capite, died; and his son

Lat. [L. Fr. deveigne.] I become. Devenio vester homo; (Fr. jeo deveigne vostre home,) I become your man. The first words of the ancient form of doing homage. Bract. fol. 80. Litt.

Lat, Comes or falls. Distinguished from descendit. Vro. Car. 427, 430.

Breve, L. Lat. Writ of (or for) inspecting the belly. A writ which a presumptive heir may have in England, to examine a widow suspected of feigning herself preg^nant, (with a view

Lat. Word for word. Bract, fol. 138 b.

Fr. Against. Devers le chiefe seigniour. Britt. c. 74. Towards. Devers lefyn; towards the end. Kelham.

[L. Fr. devester, dewester; L. Lat. devestire, q. v.] In old English law. To take away; to deprive of, as a possession, title, or estate; the opposite of invest. Termes de la ley.

Lat. [from de, priv. and vestire, to clothe, from vestis, a garment.] In feudal law. To take away an investiture; to deprive of possession of a fee or feud. Lib. Feud. 1, tit. 7. C

In marine insurance. A voluntary departure, without necessity, or any reasonable cause, from the regular and usual course of the specific voyage insured. Park on Ins. 294, ch. 1 7.

Lat. From the neighborhood, or vicinage. 3 BL Com. 360. A term applied to a jury. See T%dnetum.

Fr. To die. Devie,devia, devy; dies, Litt. sect. 2, 4. Deviont; they die. Id. sect. 4.

Breve. ' L. Lat. Writ of (or for) removing lay force. A writ which lay where two parsons contended for a church, and one of them entered into it with a great number of laymen, and

Lat. Of vert and venison. Of, or relating to the CTeensward of the king's forests, and the king's deer. Cart, de Forest. 9 JHen. III. 4 ^t. 289. 3 Bl. Com, 71, 72. A term of the ol

Divisa. L. Lat. A devise. See Devise.

Capable of being devised. 1 Powell on Dev. 165. 2 Bl. Com. 373.

Lat. To devise. Devisavit; he devised. See Devisavit vel non. Devisamentum; devisatio; a devise. East. Kntr. 486.

Lat. (Did he devise or not ? was there, in fact, a will, or not ?) In practice. An issue directed by a court of equity to a court of law, to try the validity of a will, upon some a

Fr. A boundary; a division line, or space separating lands. De devises et de boundes entre veisins; of divisions and bounds between neighbors. Britt. c. 42. Si devises entre veisin

The person to whom lands or other real property, are devised or given by will. 1 Powell on Dev. c. 7.

Fr. & Eng. [L. Lat. devisamentum, devisatio, devisa or divisa; from Fr. deviser; Lat. dividers, to divide.] A gift or disposition of lands or other real property, by a last will an

Fr. To devise. Some make the proper meaning of this word to be, to speak; others, to will. Co, Litt. Ilia. Brands. It is, more correctly, to divide, or distribute, from the Lat. di

Lat. Of the vicinage. Reg. Orig. 32 b. Reg. Jud. 4. See De vicineto.

A giver of lands or real estate by will; the maker of a will of lands; a testator. 1 Powell on Dev. c. 5. 1 Steph. Com. 544.

Devors. L. Fr. Divorce; a, or the divorce. Britt. c. 51, 107.

Breve. L. Lat. Writ of warranty of day; or of warranty of default for a day. An ancient writ which lay where one having a day assigned personally to appear in court to an action, w

Lat. In the Roman law. A division of the as, consisting of ten uncim; I ten-twelfths, or five-sixths. 2 Bl. Com. \ 462, note (m).

Deiver. L. Fr. To owe; ought. Kelham, Beyvent; ought. Id,

Lat. Dialogue of, or about the Exchequer. An ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of London

Lat. [from dies, day.] In old records. Daily, every day; from day to day. Spelman.

Lat. In old English law. To say, to speak; to deliver or pronounce, as a verdict. Dicere veritaiem, (verum;) to say or speak the truth. Brftct, fol. 292. Et cum xxiiii veredictum s

Lat. [from dicere, q. v.] In old English law. A word, an expression. Si aliqua dictio duos contifieat intellectus; if any word contain two meanings. Bract, fol. 34.

(pi. DICTA.) L.Lat. [from dicere, to say.] A saying or remark; an opinion expressed by a judge in deciding a cause or question, either aside from the point to be decided, and hence

Lat. The edict or declaration of Kenilworth. An edict or award between king Henry III. and all the barons and others who had been in arms against him; and so called because it was

Lat. In the Roman law. The notice given by a magistrate that he intended to impeach a certain citizen, (whom he mentioned by name,) of a certain crime, before the people, on a cert

Lat. (He closed his lost day; he died.) In English practice. A writ founded on the statute of Marlbridge, (c. 16,) anciently issued out of chancery to the escheator of the county,

Lat. \¥r.jour.] In old English law. Day, a day; days. Cflara dies; day-light. BracL fol. 137 b. Dies Lunce, (L. Fr. Dilune,) Monday; Btes Mortis, (Fr. Dimar,) Tuesday; Dies Mercuri

Lat. In old English practice. A day of favor or indulgence; supposed to be the same with the qttarto die post, as granted by the favor of the court. Co, Litt. 135 a. Crah Vs Hist.

Lat. (The day from which.) In the civil law. The day from which a transaction begins; the commencement of it; the conclusion being the dies ad quern. 1 Mackeld. Civ. Law. 168, § 17

Lat. In English practice. Common days in banc, or bench, (or, in the bench.) Stated days of appearance in the courts; called also common return days. Orabb^s Hist. 217. 2 Beeves' H

Lat. In practice. A day given. A day or time of respite given by the court to a defendant in an action; an adjournment or continuance. Bro. Abr. Continuance. See Continuance. Dies

Lat. [L. Fr. diemane, dimaigne, dymain.'\ The Lord's day; Sunday. Dies dominicns m^n est JnridleM. Sunday is not a court day, or day for judicial proceedings, or legal purposes. Co

Lat. In old English law. The added or increasing day in leap year. Bract, fol. 359, 359 b.

Lat In the Roman law. Days on which the courts were open, and justice could be legally administered; days on which it was lawfi# for the praetor to pronounce {/ari) the three words

Lat. In practice. A day (or days) in banc; a day in the bench, or court of Common Bench. 3 Bl. Com. 277. Bract, fol. 361, 362. See Days in bank.

Lat. In the Roman law. Divided days; days on which the courts were open for a part of the day. Calv. Lex. Jur. 1 Mackeld. Civ. Law, 24, § 35, note.

(pi. DIES JURI-

Lat. In the civil and old English law. A lawful or law day; a term day. Hallifax AnaL b. 3, c. 0, § 6. Bract, fol. 334 b. A day of appearance. Id, fol. 359. DIES MARCHI^. L. Lat. I

Lat. In the Roman law. Days on which the courts were closed, and it was unlawful to administer justice; answering to the dies noii juridici of the English law. 1 Mackeld, Civ, Law,

An abbreviation of Dies nanjurididu, (q. v.)

Lat. In practice. A day not juridical; not a court day. A day on which courts are not open for business, such as Sundays and some holidays; as Christmas, Good Friday and Easter in

Lat. In old English law. Days of peace. According to Sir Henry Spelman, the Saxons and Normans divided the year between God [or the church] and the king; calling those days and par

Lat. In old English law. A solar day, as distin^ished from what was called dies /ufuim, (a lunar day); both composing an artificial day. Bract, fol. 264. See 3ay,

Lat. In the Roman law. Available days. /n«/. 2. 10. 6. Days on which a party having knowledge that an inheritance was open to him, might apply to the judge. Cooper's trans,

Diceta. L. Lat. [from dies, a day.] In old English law. A day's journey, (iter unius diei.) Spelman, Bract. fol. 135 b, 163, 235 b, 359. Treby, C. J., 1 Ld. Raym. 432, 433. Accordi

Lat. In old writs. An abbreviation of dilecio et fideli; (to his beloved and faithful.) Reg, Orig, 17, et passim. AIj4aOXH, Afta^ojrt. Gr. [from Siadixo/iat, to succeed.] In the ci

' L. Fr. In old law. God his act; God's act. An event beyond human foresight or control. Termes de la ley. See Act of God.

Disfacere. L. Lat. [O. Fr. deffacer.] In old European law. To disfigure or deface; to mutilate; to destroy. Spelman. LL. Longobard. lib. 1, tit. 25, l. 68, cited ibid. Diffactio; a

Lat. In old English law. Defamation or slander. Reg. Orig. 49. Artie. Cleri, c. 1, 4.

Diffiduciare. L. Lat. [from dis, priv., and fides, fealty or faith.] In feudal law. To renounce one's fealty or allegiance; the opposite of affidare, (q. v.) Spelman. To proclaim h

Lat In old English law. To disfigure or deform. Spelman. LL, Longobard. lib. 1. tit 25, 1. 43, cited i Ud.

Lat In the 'Roman law. To put off or postpone. Calv. Lex. Jur,

Lat In old English law. To deny, or keep from one. Diffordare rectum; to deny justice to any one, after having been reqmred to do it Matt. Par. A. D. 1164. Perhaps the same with De

Lat Digests. One of the titles of the Pandects of Justinian. In»t. prooem. § 4. Bracton uses the singular JHgeatum. Bract, fol. 19.

Digest, [Lat. digesta, digestum; from digerere, to divide or arrange.] The ordinary name of the Pandects of Justinian, which are now usually cited by the abbreviation Dig, instead

In canon law. A person holding an ecclesiastical benefice or dignity, which gave him some pre-eminence above mere priests and canons. To this class exclusively belonged all bishops

In English law. An honor; a title, station or distinction of honor. Dignities are a species of incorporeal hereditaments, in which a person may have a property or estate. 2 Bl. Com

[L. Lat. dilapida^ tio, from di, apart, and lapidare, from lapis, a stone.] Literally, the taking apart of the stones of a building. The pulling down of a building or any part of i

Lat. [from differre, to put off.] In old English law. Delay. Sine dilatiane; without delay. Beg. Orig. 1. DiiatioBCfl Im lef • •■■! odiosM. Delays in law are odious. Branch's Princ

Lat. [from differre, to put off.] In civil and old English law. That which delays or puts off; dilatory. Anciently applied to a defendant's exception or plea by which the action wa

[Lat. exceptio dilatoria, q. v.] A plea which tends or is intended to delay or put off an action, by questioning the propriety of the remedy rather than by denying the injury, or r

[Lat. diligentia, q. v.] In the law of bailment. Care; carefulness; attention. ''There are infinite shades of care or diligence, from the slightest momentary thought, or transient

In Scotch law and practice. Process of law, by which persons, lands or effects are seized in execution or in security for debt. Ersk. Inst. b. 2, tit. 11, § 1. Brande. Process for

In the civil law. Diligence; care; carefulness. The opposite of culpa, (q. y.) Calv. Lex. Jur.

Lat. [from di, away, and ligius, or ligiatus, under the protection of the law.] In old English law. Cast out of the law's protection, (ejectus e patrocinio legis;) outlawed; an out

Lat. Clear; lucid. Dum dilucidis gauderet interva Uis; while he enjoyed lucid intenrals. Bract, fol. 43.

Lat. [from dimidius, q. v.] In old English law. One-half; a moiety. Cowell. See Medietas.

Dimidium, Lat. Half. Dimidia marca; half a mark, a demi-mark. Totans. PL 181. Dimidia acra; a half acre. Jd. 64. Dimidium unius librata; half a pound. Id. ibid. Dimidium unius acrc

Lat. To lessen or diminish; to take away, leave out or omit. De recordo diminuere; to take from, or dimmish a record. Bract, fol. 147.

Deminutio. Lat. [from diminuere, q. v.] Diminution; a taking away; loss or deprivation. Diminutio capitis; loss of status or condition. See Capitis diminutio.

[Lat. diminutio, from diminuere, q. v.] In practice. Omission, imperfection or deficiency. A term applied to a record, where something is left out of it. See Diminuere. In proceedi

Lat. [from dimittere, to demise.] In old conveyancing. I have demised. Dimisi, concessi, et ad firmam tradidi; have demised, granted and to farm let. The usual words of operation i

Lat. [from dimittere, to demise.] In old English law. A demise or lease. So written in Bracton, though the more modern form is demissio. Bract. fol. 23 b. See Demissio. DIMISSORIAE

Lat. In the civil law. To send away; to discharge; to dismiss. Filium de potestate dimittere; to dismiss a son from one's power or authority; to emancipate. Inst. 1. 12. 7, 10. Uxo

[Lat. dicecesis, from Gr. dto^xtfo^g, from diontifa, to govern.] In ecclesiastical law. The see of a sufifragan bishop; the circuit or territorial extent of a bishop's jurisdiction

Lat. [Gr. diptycha, two leaved.] Diptychs; tablets of wood, metal or other substance, used among the Romans for the purpose of writing, and folded like a book of two leaves. The di

Derationare, Disrationare. L. Lat. [from di, or dis, contrary, and ratiocinari, to prove.] In old English law. To deraign; to prove. Dirationabit se proximus haeres propinquior; th

[from Lat. directus, straight.] Immediate; by the shortest course; without circuity; operating by an immediate connexion or relation, instead of operating through a medium; the opp

Lat In the civil law. That which is founded on strict law, as distinguished from equity. I Mackeld. Civ. Law, 267, 268, Ejaufmann's note.

Derictum, Drietum. L. Lat. [O. Fr. droict.] In old European law. Right. Spelman, voc. Derittum. That which is straight, as opposed to crooked, (tortum, tort, or wrong.) Id. See Tor