A New Law Dictionary and Glossary

[L. Lat. dishabilitas, disabilitas.] Incapacity to do a legal act, as to enter upon lands, to inherit or convey, to sue or be sued, &c., arising from the peculiar condition of a pe

The English statutes of 1 Eliz. c. 19, 18 Eliz. c. 10, 14 Eli«. cc. 11, 14, 18 Eliz. c. 11, and 43 Eliz. c. 29, (otherwise called the restraining statutes,) by which all colleges,

See Deadvooare.

In English law. To discharge from being a forest; to release from the forest laws; to restore land which had been converted into a forest, to its former condition. Crabb's Hist. 16

In English practice. To expel a barrister from the bar. A power vested in the benchers of the four Inns of court, subject to an appeal to the fifteen Wharton^ s Lex,

Lat. [from dis, priv. and boscus, wood.] In old English law. A conversion of wood grounds into arable or pasture; an assarting. Cowell. See Assart.

Lat. [from dis, priv. and carcare, to load or charge.] In old English law. To discharge, to unload; as a vessel. Carcare et discarcare; to charge and discharge; to load and unload.

Lat In old European law. To discharge or unload, as a wagon. Spelman. L. Salic, tit. 29, § 21, cited ibid.

The old way of writing descent, after the French. Litt. sect. 385. Co. Litt. 237. 1 Salk. 241.

Lat. In Roman law and practice. The argument or disputation of a cause bj the adyocates on both sides. Hcdlifax Anal. b. 3, c. 9, num. 39.

A setting free; a clearing, acquittance, release or delivery. The instrument by which a person is discharged from a debt or obligation, or an encumbrance is cancelled; as the disch

[L. Lat. disclamare, disadvocare.] To relinquish a claim; to deny having a claim, as by a disclaimer in equity. See Disclaimer. To deny or disavow another's claim; as in the case o

[from dis, priv. and Fr. clamor, to claim; L. Lat. disclaimium, disclamatio, disadvocatio.] A denial, disavowal or renunciation of a title or claim; the relinquishment or waiver of

To deprive commonable lands of their commonable quality, by enclosing and appropriating or improving them. See CWfnon, Approprioire.

A cessation, intermission, interruption or suspension. Co, Litt, 325 a. Litt, sect. 592. ''An ancient word in the law," and of divers sigmfications. Id. ihid. The omission of a con

Lat In old law and practice. To discontinue, to intermit, disuse, interrupt. Co. Litt, 325 a. DISCONTINUOUS (or INTERRUPT- ED) SERVITUDE. In the civil law. That kind of servitude w

Lat. In old English law. Uncovered; out of repair, as a church. Stat. Circunupecte Abatis. 2 i Mt. 489. Discovert, (q. v.)

Fr. & Eng. [L. Lat. discooperta.] In old English law. An unmarried woman or widow; one not within the bonds of matrimony. Cowell. Blount.

Inequity. The revealing or disclosing of a matter by a defendant, in his answer to a bill filed for that purpose; the object of a species of bill in equity. See infra. Hare on Disc

BILL OF. In equity pleading. A bill for the discovery of facts resting in the knowledge of the defendant, or of deeds or writings, or other things in his custody or power; but seek

[Lat. discussio, excusio,\ In the civil law. The exhausting of a remedy against a principal debtor, beiore proceeding against the surety.* Story^s Conf, of iaw St § 322 b. Burge on

In English law. To deprive lands of that pnncipal quality of gavelkind tenure by which they descend equally among all the sons of the tenant. 2 Wooddes. Lect, 76. 2 Bl. Com, 85. Bo

In old English law. The depriving of an order or dignity. Termes de la ley. Blount, See Degradation,

Lat. Inold Eng- 51ish law. Disabihty, incapacity. Towns, H. 32, 64.

Disinherison, L. Fr. & Eng. [L. Lat. exhaeredatio.] In old English law. Disinheriting; a depriving or putting out of an inheritance. Stat. of Vouchers, 20 Edw. 1. Stat. 8 Ric. II.

In mercantile law and usage. To refuse or decline to accept a bill of exchange, or to refuse or neglect to pay a bill or note at maturity. Smith's Merc, Law, 138, 146, 153.

Lat. In the civil law. Separately; severally. The opposite of conjunctim, (q. v.) Inst, 2. 20. 8. Calvin Lex. Jur. Divisim, (q. v.) was the term I used in the common law.

(pl.2)Mmane*.] L.Fr. t Tnmarried. Stat. Westm. 1, c. 22. Kelham.

Fr. [L. Lat. decimoB.I 'nthes. See Tithes, Tenths; the tenths of all spiritual livings granted to the crown. CowelL Blount. See Decimoe, Tenths.

A species of offenders whose punishment is made the subject of particular statutes by which they are defined. Stat. 5 Geo. IV. c. 83, amended by 1 & 2 Vict. c. 38. 4 Steph. Com. 30

Lat. [L. Fr. disparager, desparager; from dis, priv. and Fr. parage, family or parentage, or from Lat. dispar, unequal. Spelman, Co. Litt. 80 a.] In old English law. To bring toget

Lat. [L. Fr. disparagacion; from disparagare, q. v.] In old English law. Disparagement. Btceredes maritentur absque disparagatione; heirs shall be married without Magna Charta, (9

[L. Lat. disparagare, q. v.] To connect unequally; to match unsuitably. See Disparagement.

[L. Lat. disparagatio, q. v.] An unequal alliance, or unsuitable connection in marriage. An injury done to a ward by marrying him or her to a person of inferior degree, or against

Fr. To disparage. Disparata non debent jungi. Things unlike ought not be joined. Jenk. Cent. 24, marg.

To dissolve a park. Cro. Oar. 69. To convert it into ordinary ground. DISPAtJPER. In practice. To take away from a person the capacity or privifege of suing in forma pauperis, whic

Lat. In old English law. A place in a house where things were kept under the key of the housewife; a spence. Bract, fol. 151 b.

An exemption from some law; a permission to do something forbidden, or to omit something commanded. Wharton* s Lex.

In Scotch law. To grant, convey or dispose of. 1 Kames' Equity, 254. Closely formed from the Lat. disponere, (q. v.) Disponer; a grantor. Id. 266. Disponee; a grantee. Id. ibid. 1

A species of injury to real property by the amotion or deprivation of possession; otherwise termed ouster. 3 Bl. Com. 167. See Ouster.

In old English law. Not answerable. Co. Litt. 27 b, 63. 1 Steph. Com. 245. 2 Crabb^s Heal Prop. 47, § 1000. piSPUTATIO FORI. Lat. In the civil law. Discussion or arfirument before

Lat. [L. Fr. desreigner.'] In old English law. To prove; to deraign; to establish or make good a claim, charge or accusation. Bract, ub. infra. Spelman considers this as merely ano

Lat. In old English law. Deraignment or proof; the making good a claim or charge. Et quod ita fui inde dotata et seysita, habeo sufficientem disrationationem et probationem; and th

Dissaisire, L. Lat. In old English law. To disseise, or put out of seisin. Spelman, The more usual forms are disseysire and disseisire. See Disseise.

Disseysina. L. Lat. In old English law. Disseisin. Towns. Pl. 64. Bract. fol. 159 b, et seq. Disseisinam satis facit qui uti non permittit possessorem, vel minus commode, licet omn

[L. Lat. disseisire, disseysire, dissaisire, disseisiare; L. Fr. disseisirA To deprive of seisin; to turn or put out of possession wronfi^fu Uy; to oust or dispossess of a freehold

Lat. To disseise. Magna Charta, c. 27.

[L. Fr. disseisine, dissaisin; L. Lat. disseisina, disseysina, dissaisina.] Deprivation or putting out of seisin; a wrongful putting out of him that is actually seised of the freeh

Disseysire. L. Lat. In old English law. To disseise. Toums, PI, 64. Disseysire is uniformly used by Bracton. Bract, fol. 26, et passim. Disseisitor, disseysitor. A disseisor. Toums

[L. Fr. disseisour; L. Lat. disseysitor.] He who disseises; he who puts another out of possession or seisin of the freehold. Litt. sect. 279. He who puts a man out of his land with

A woman that disseises another person. Litt, sect. 678. Co. Litt. 357 b.

Lat. In old law. To break open a seal. Whishaw.

Lat. A passing over. Dissimulatione tollitur injuria. An injury is extinguished by the forgiveness or reconcilement of the party injured. Ersk. Inst. b. 4, tit. 4, § 108.

Lat. To dissolve, as a contract or connection. B^dcn mmdm «■• •rl Mr, emdeim nod* din«l Tltnr. By the same means by which a thing originates, by the same means is it dissolved. It

Lat. In old English practice. Distinctly and openly. Formal worde in writs of error, referring to the return required to be made to them. Reg, Orig. 17.

Lat. To distinguish; to make a distinction. Distinguenda sunt tempora; distingue tempora et concordabis leges. Times are to be distinguished; distinguish times and you will harmoni

Lat. [from dutrahere, q. Y.] In the civil law. The sale of a pledge by a creditor. Inst. 2. 8. 1. See Disir<ihere,

Lat. [from rfw, apart, and trahere, to draw.] In the ci^ law. To sell, particularly at auction. Calvin Lex, Jut, Distrahere pigntis; to sell a pledge in payment of a debt. Id. Hei-

Distrein. [from L. Fr. distreindre, destreindre; L. Lat. distringere, to bind or coerce.] To take and keep the property of another as a pledge, (ceu pignus et vadem,) in order to c

Distreinor. The party distraining goods or chattels.

Fr. To distrain. Britt. c. 26. Distreint; distrained. Id. ibid. The more usual form is destreindre or desiregndre. Id, per tot.

[from L. Fr. destresse; L. Lat. districtio, q. v.] The taking a personal chattel out of the possession of a wrong doer into the custody of the party injured, to procure a satisfact

In English practice. A distress which has no bounds with regard to its quantity, and may be repeated from time to time until the stubbornness of the party is conquered. 3 Bl. Com.

[Lat distribu Ho, from distribuere, to distribute.] A dealing or division among several; a dealing in portions or shares; the giving to each of several his pr her share.* Commonly

Statute of. The title of the English statute of 22 <fe 28 Charles II. c. 10, containing provisions for the distribution of the personal estate of an intestate among the widow and c

[L. Lat. districtus, districtio, from distringere, to distrain; L. Fr. destresse, from destreindre, to distrain.] In old law. A circuit or territory within which the power of distr

In American law. Courts held in each of the thirty-five districts into which the United States are divided, consisting of a single judge, and which act both as courts of common law

Lat. [from distringere, to bind, coerce or distrain; L. Fr. destresse.'] In old English law. A distress, distraint or distraining. Districtio — modum non excedat; distress shaU not

Lat. [from distringere, to bind; L. Fr. destresse,'j In old English law. A distress; a distramt; a district. The place or locality within which the power of distraining might be ex

Lat. (You distrain the jurors.) In English practice. A process for enforcing the attendance of jurors, which is supposed to be issued after the venire to summon them, but in practi

[L. Lat. disturhantia, d Uturbatio,'] A wrong done to some incorporeal hereditament, by hindering or disquieting the owners in their regular and lawful enjoyment of it. Finch, Law,

In Scotch law. The manner of proceeding against a criminal in the court of justiciary. Skene de Verb. Signtf. voc. Iter, Tomlins. A criminal information or accusation. 2 Forbes' In

Lat. At different times. Reg. Grig. 272. Hob. 189 a.

Lat. \L, Ft, diversite.] In old English law. Diversity; difference; un Ukeness. Si in scriptura inveniatur diversitas calami, et diversitas scribendi, et diversa manus; if in the w

A treatise on courts and their jurisdiction, written in French in the reign of Edward III. as is supposed, and by some attributed to Fitzherbert. It was first printed in 1626, and

Lat. With a different view, purpose or design; in a different view or point of view; by a different course or process. 4 Ken Vs Com. 211, note. 1 Peters* R, 600. 2 Gallison's R. 31

Lat. [from divertere, to turn aside.] A lodging or inn. Toums, PI. 38.

Lat. [from dividere, to divide.] In old English law. A thing to be divided. An indenture is so called in old statutes. Claus. 6 Edw. II. in dorso m. 24. Stat. de Falcatoribus, 29 E

Devisa. L. Lat. [from Fr. diviser, to divide.] In old English law. A division or partition. A division or distribution of goods by will; a will or testament of goods or chattels. S

Lat. In old English law. Severally; separately. Bract, fol. 47.

Lat. A divided empire or jurisdiction; a jurisdiction shared between two tribunals, or exercised by them alternately.* This classic phrase is frequently applied in the books to the

[Lat. divortium, from divertere, (anc. divortere,) to turn away, to separate; L. Fr. devorce, devors.] The separation of husband and wife by the sentence of the law.* Shel/ord Marr

Lat. In the civil and old English law. Divorce; a separation of husband and wife; a going different ways, {in diversas partes.) Dig. 24. 2. Distinguished from repudium, (q. v.) Id,

Douarium, Dodarium, Doiarium, Dotalitium, L. Lat. Dower. The use of these words is entirely confined to the early continental law of Europe, although, according to Spelman, they ar

Lat. In the civil and old common law. To show; to make out a case by proper statements. Cum querena-^o- -cuit tenementum esse suum, ienens, sipossit, •doceat, <fec.; when the plain

Docquet, Dogget, A brief or abstract in writing. Cowell, An abridged entry of an instrument, or proceeding in an action; a list or register of such abridged entries. An abridged en

The title of a work written by St. Germain in the reiffn of Henry VIII. in which many principles of the conamon law are discussed in a popular manner. It is in the form of a dialog

The popular name of the courts and offices occupied by the body incorporated in England in 1768, under the title of " The College of Doctors of Law, exercent in the ecclesiastical

[Lat. documenta, from docere, to show.] Written instraments adduced for the purpose of showing or proving a claim or title, or other matter in controversy; evidences of title.* Thi

Lat. [from Lat. dos, q. v.] In old European law. Dower. Used in this sense in Hoveden, cited m Spelman, voc. Doarium, The same as dotarium, (q. V.) See Doarium, DODKIK See Doitkin.

Lat. In the Roman law. A subdivision of the as, containing nine uncics; the proportion of nine-twelfths, or three-fourths. 2 Bl. Com. 462, note.

In Scotch Law. An agent or attorney. 1 Kames* Equity, 825.

In forest law. Drawing after, (that is, pursuing) a deer with a dog. One of the circumstances which constituted what was called the manifest deprehension of an offender against ven

Breve. A writ directed to bailiffs, or others who had thrust a bailiwick or beadleship upon one in holy orders, commanding them to release him, or to desist from their attempts to

Dotkin, Dodkin. A foreign coin of small value, prohibited by statute 3 Hen. V. c. 1, from being introduced into England. Crabb's Hist. Eng. Law, 351. 3 Reeves' Hist. 261. 4 Bl. Com

[L. Lat. dola. Sax. dal; from daelan, to divide, or distribute.] In old English law. A part or portion. Spelman. Dolemeadow was one in which several persons had a share. Cowell. DO

Lat. Incapable of criminal intention; not of the age of discretion. 4 Bl. Com. 22, 23.

Lat. In the civil law. Deceit; fraud. Otherwise called dolus malus, (q. v.) Fraud is the word most commonly used to define this term, but deceit appears to be the more strictly acc

Lat. In the dyil law. Fraud; evil design; the intentional endeavoring to injure another hj fraudulent delusion or other unlawful means.* Defined in the Digests, after Laheo, to he—

Sax. Judgment. Hence the English doom. See Dome.