A New Law Dictionary and Glossary

[L. Lat. domanium, demanium.] Ownership of land, (fundi proprietas.) Spelman. Immediate or absolute ownership; paramount or ultimate ownership. The inherent sovereign power claimed

Domboc. Sax. [from dom, judgment, and bec, boc, a book.] Domebook or doombook. A name given among the Saxons, to a code of laws. Several of the Saxon kings published dombocs, but t

Doom. [Sax. dom.] In old English law. Judgment or sentence. "So help me God at the holy dome, and by this book." The oath of a juror, mentioned in the Black book of the Admiralty.

[Sax. dombec; Lat. liber judicialis.] A book or code said to have been compiled under the direction of Alfred, for the general use of the whole kingdom of England; containing, as i

Fr. Tame; domesticated. Britt. c. 24.

Doomsday, Domesdei. [from dome or doom, judgment, and day. See infra,] An ancient En^ish record, made in the time of William the Conqueror, and by his command, containing the detai

\LB,i, homines judidarii,} In English law. Men appointed to doom, i. e. to determine or pronounce judgment in suits and controversies; an inferior kind of judges anciently so calle

Fr. [L. Lat. domitus,] Tame; domesticated. Stat, West, 1, c. 20. See Domesche.

In American law and practice. A species of attachment against the property of absconding, concealed or absent debtors, the principal peculiarities of which seem to be that it is fo

Lat. In old European law. A seneschal, steward or major domo. Spelman. A judge's assistant; an assessor. Id,

Lat. [dimin. of dominus.] In old European law. A young lord. A title anciently given to the king's (natural) sons in France, and sometimes to the eldest sons of noblemen there. Spe

Domicile, [Lat. domidlium, from domus, house or home, and colere to keep.] The place where a person has his home. A residence at a particular place, accompanied with positive or pr

Lat. Domicil; reside dence. Bee Domicil, Siincomitatuplura habeat domicilia, potius fjat ei summonitio ad domicilium ubi magis hahitaverit, vel uhi majorem habuerit substantiam. If

{Dominica in ramis pc Umarvm,) L. Lat. Palm Sunday. Towns. PL ISl, Cowell, Blount.

Lat. [from dominus, lord, master.] In old English law. Demesne, demam or dom^n. That of which one is lord or master; that of which one has the exclusive control, {de quo quisfacere

Lat. Ancient demesne. Bract. foL 869 b.

Lat. [from dominus, lord.] Of, or belonging to the king or lord. Dominicum bannum; the lord's ban, the sovereign's edict. Spelman. Dominici coloni; those tenants who were bound to

[Lat. dominium, q. v.] Ownership, or right to property. 2 Bl. Com. 1. Sovereignty or lordship; as the domuiion of the seas. Molloy de Jur. Mar. 91, 92.

Lat. [from dominus, lord or master.] In the civil and old English law. Ownership; property in the largest sense, including both the right of property and the right of possession or

Lat. In the civil law. Lord, master; one who has the control or property of a thing; owner; proprietor.* Domintujundi; owner of land or ground. Inst, 2. 1. 12. Dominus soli; owner

Lat. In feudal and ecclesiastical law. A lord, or feudal superior. Dominus rex; the lord the king; the king's title as lord paramount. 1 Bl. Com. 367. Towns. Pl. 149. Dominus capit

Lat. In the civil law. Literally, owner of a suit; the client or party, as distinguished from the proctor or attorney; he whose suit it was. Dig. 3. 3. 31. pr. The word dominus is

Dompnus. Lat The contracted form of dominus, as formerly used in the titles of emperors, <fec. Spelman. See Dominus.

An abbreviation of Domus Procerum, or Domo Procerum; the House of Lords in England. Sometimes expressed by the letters D. P. Sugden's Law of Prop, passim.

Lat. A house or dwelling. Inst. 4. 4. 8. Towns. Pl. 183—186. Domus tutissimum cuique refugium atque receptaculum sit. A man's house should be his safest refuge and shelter. Dig. 2.

Lat The house of converts. An ancient house or institution, (Spelman calls it collegium) established by Henry III. for the benefit of such Jews as were converted to the christian f

Lat. [from donum, a gift; L. Fr. doner, donner.] In civil and old English law. To give; to make a gift, (donationem facere.) Inst. 2. 7. 1. Quis donare possit, et quis non; who can

Lat. [from donum, a gift, or donare, to give.] In the civil law. Gift, or donation: one of the modes of acquiring property. Inst. 2. 7. pr. 1, 2. This is of two kinds; catisa morti

Lat. [L. Fr. dofi, done, doun,] In old English law. A gift of lands or chattels. See Done, Defined by Bracton to be a " certain institution, [or established mode of conveyance,] wh

Lat. A gift in apprehension, expectation, contemplation or prospect of death.* A conditional gift, dependent on the contingency of expected death. Gibson, C. J. 2 Wharton's B, 17,

Lat. A gift between the living. The ordinary kind of gift by one person to another. 2 Kent's Com. 488. 2 Steph. Com. 102. A term derived from the civil law. Inst. 2. 7. 2.

In ecclesiastical law. A mode of acquiring a benefice by deed of gift alone, without presentation, institution or induction. 3 Steph. Com. 81.

Lat. In the civil law. A gift on account of marriage. Inst. 2. 7. 3. A gift made by a husband to his wife by way of security for her dos or marriage portion. Hallifax Anal. b. 2, c

In ecclesiastical law. A species of advowson, where the benefice is conferred on the clerk by the patron's deed of donation, without presentation, mstitution or induction. 2 Bl. Co

Lat. [from donare, q. v. L. Fr. donour.] In civil and old English law. A donor or giver; the party who makes a donatio, or gift. Bract. fol. 11, et seq. Donatorius, (properly Donat

Don, Doun. L. Fr. [from Lat. donum.] A gift. Don est un nosme general plus que ne feffement; gift is a more general name than feoffment. Britt. c. 34. Given. Done a Londres, &c.; g

[L. Lat. donatarius, donatorius.] In old English law. He to whom lands were given; the party to whom a donatio was made. See Donatio, Donatorius. In later law. He to whom lands or

[from L. Fr. donour; Lat. donator."] In old English law. He by whom lands were given to another; the party making a donatio, (q. v.) See Donator. In later law. He who gives lands o

Donques, Adonques, Done, Dune, Dunk, Dunky. L. Fr. Then. Britt. c. 30, et passim. Litt. sect. 151. Kelham.

Lat. In the civil law. A gift; a free gift. Calv. Lex. Jur. Distinguished from munvs. Dig. 60. 16. 194.

Fr. & Eng. [from Fr. dormir; Lat. dormire, to sleep.] Sleeping; suspended; not active; not in exercise; out of view; not apparent; not known. A dormant partner is one whose name is

Lat. The back, /ndorso reeordi; on the back of the record. 5 Co. 44 b.

Lat. In the Roman law. A sum of money given to a husband to enable him to sustain the burdens of marriage; {peeunia data marito ad iustinenda matrix monii onera!) Heinecc, EL Jur,

Lat. In old English law. Reasonable dower. Rationabilis dos est eujuslibet mulieris de quoeungtie tenemento, tertiapars omnium terrarum et tenementorum, quas vir auus tenuit in dam

Fr. In the civil law. Dowry, or marriage portion, dv. Code of Louis. art. 2317.

[From Lat. dotalis.] Relating to the marriage portion of a woman; constituting or compnsed in her portion.* Wharton^ s Lex. This word is not properly applicable to dower, the Lat.

Lat. In canon and feudal law. Dower. Spelman voc. Doarium. Calv. Lex. Jurid. 2 BL Com. 129. Used as early as A. D. 841.

Lat. [from dos, q. v.] To endow; to give a dowry or dower. Bract. fol. 93, 94. Dotata; endowed. Id. ibid.

Lat. In early European law. Dower. Spelman voc. Doarium.

[L. Lat. from dos, dower.] A dowager. Towns. Pl. 149.

In Scotch law. A bond with a penalty, as distinguished from a single bond. 2 Jtames' Equity, 359.

In practice. The ordinary single costs of suit, and one half of that amount in addition. 2 Tidd's Pr. 987. Double is not used here in its ordinary sense of twice the amount. These

In old English law. A fine sur done grant et render was called a double fine, because it.comprehended the fine sur cognizance de droit corns ceo, &c., and the fine sur concessit. 2

(or ASSU-

[L. Lat. duplexplacitum.'] A plea which contains several distinct answers to the plaintiff's declaration.* Steph. PL 261, 252. A plea containing several dbtinct matters in answer t

See Duplex querela.

In a common recovery. A voucher over; a voucher by a party who had himself been vouched.* It was formerly usual, first to convey an estate of freehold to some indifferent person, a

The name given to that species of waste where a tenant suffers a house to be wasted, and then fells timber to repair it. Co. Litt. 63 b.

Fr. Wherefore; from whence. Ke Vuim, Britt, c. 110. Whereof, out of which. Id. ibid.

Lat. I give that you may give; I give [you] that you may give [me J. A formula in the civil law, constituting a general divisibti bnder which those contracts (termed innominate) we

Doubter. L. Fr. To doubt; to fear or apprehend. Kelham,

Lat. I give that you may do; I give- [you], that you may do or make [for me.J A formula in the civil law, under which those contracts were classed, in which one party gave or agree

[Lat. dotabilis.] Entitled to be endowed.

[L. Lat. dotata, dotissa.] In English law. A widow endowed, or who has a jointure. Blount. A widow who either enjoys a dower from her deceased husband, or who has property of her o

Fr.&Eng. [L.Lat.rfM, do8 mulieris, doarium, douarium, dotarium, dodariunip dotalitium, triens, tertia; L. Fr. dowarie, douaire, dower; Scotch, terce.] That portion (usually one thi

A kind of dower in England, regulated by custom, where the quantity allowed the wife differed from the proportion of the common law; as that the wife should have half the husband's

[L. Lat. dos per communem legem^ The ordinary kind of dower in English and American law, consisting of one third of the lands of which the husband was seised in fee at any time dur

L. Fr. Dower of the fairest [part]. A species of ancient English dower, incident to the old tenures, where there was a guardian in chivalry, and the wife occupied lands of the heir

L. Lat. Dower by the father's assent. A species of dower ad ostium ecclesice, made when the husband's father was alive, and the son, by his consent expressly given, endowed his wif

Fr. Endowment. A word used by Littleton in nearly the sense of dower. Dower que est appelle dowment ad ostium ecclesice, et dower appelle dowment, <fec.; dower which is called dowm

The portion or property which the wife brings her husband in marriage; which, if in lands, was anciently called franhnarriage, or marriage, (marttagium) \ if in money, goods or cha

Fr. Twelve. A parfaire sa ley ove sa dozy me m^yn; to perfect his law with his twelve hand. Britt. c. 27. DR. An abbreviation of Droit. Kelham.

A term employed in old pleadings and records, to denote a groat. Towns. Pl. 180. An Athenian silver coin, (drachma,) of the value of about 7 3/4d. sterling.

Draught. The common term for a bill of exchange; as being drawn by one person on another. 2 Bl. Com. 467. An instrument or paper as first, or originally drawn, or roughly written b

In commerce. An allowance made to merchants on the re-exportation of certain goods, which in some cases consists of the whole, in others of a part of the duties which had been psdd

[L. Lat. trassatus.l In mercantile law. The person to whom a bill of exchange is addressed, or on whom it is drawn. 3 Kent's Com. 76. Story on Bills, § 116.

fL. Lat. trassans.] In mercantile law. The person who draws a bill of exchange. 3 Kent's Com. 75. Story on Bills, g 114.

In old English law. Thieves or robbers. Stat. 6 Sdw, III. c. 14. 7. Hie, II. c. 6. Lambard JSirenarch. lib. 2, c. 6. CowelL

Fr. [Lat. jus duplicatum.] Double right. The right of possession and the right of property united. (Ipsi jus possessionis et jus proprietatis.) Bract. fol. 206 b, 283 b. See Droit

Drenges. [L. Lat. drengi.] A species of tenants mentioned in Domesday book, whom Spelman supposes to have been military vassals or tenants by knightservice. The same author quotes

[L. Lat. drengagium.] The tenure by which the drenches (q. v.) held their lands. Spelman.

[Lat. agitatio.] In old English law. A driving. A term applied to cattle. See infra.

[L. Lat. agitatio animalium in foresta^ In forest law. An examination or view of cattle in a forest; formerly made at certain times in the year, by the officers of the forest, by d

[L. Lat. actus, drova.] A way, road or path used for driving cattle. Co. Litt. 56 a. See Actus, Drift. A term used in the state of Rhode Island. 2 Hilliard's Real Prop. 33.

Sax. A contribution of tenants, in the time of the Saxons, towards a potation, or ale, provided to entertain the lord, or his steward. CoufelL See Cervisarii.

[Lat. stillicidium.] A species of servitude derived from the civil law, by which one man engages to permit the waters flowing from the roof of his neighbor's house to fall [or drip

Drofden. Sax. A grove, or woody place, where cattle were kept. Cowell. Blount.

Sax. [from dryfene, driven.] A quit rent, or yearly payment, formerly made by some tenants to the king, or their landlords, for driving their cattle through a manor to fairs or mar

Droict, Dreii. h. Ft. [Lat jus, rectum, directum."] Right, justice. Co. Litt. 158 b. See Directum, Bight. A right. See infra, and see Jus. A writ of right, so called in the old boo

Fr. A right formerly claimed by the lords of the coasts of certain parts of France, to shipwrecks, by which not only the property, but the persons of those who were cast away, were

Fr. [L. Lat. jus duplicatiim.] In old English law. A double right. The right of possession united with the right of property. 2 Bl. Com. 199. Co. Litt. 266 a. 1 Reeves* Hist. 476.

Rights or perquisites of the admiralty. A term applied to goods found derelict at sea. 1 Robinson's Adm. Rep. 32. 2 Kent's Com. 367, note. Applied also to property captured in time

[from droit, right.] In old English practice. Relating to ri^ht; or, more strictly, relating to the mere nght of property, as distinguished from the right of possession. An action

Fr. [from c?m7, right.] Right; justice. Kn primes voit le roy — que common droiture soit fait a touts; in the first place the king w Uls that common right be done to all. Stat. Wes

Droiturel, Droiturelle. L. Fr. [from droiture or droit, right.] Rightful; lawful. Britt. c. 27.

Lat A drove, or driftway. A common road for driving cattle. CowdL

To merge or sink. "In some cases a right of freehold shall droum in a chattel." Co. Litt. 266 a, 321 a.

A thicket of wood in a valley. Domesday.

Lat. In old European law. The commander of a drungus, or band of soldiers. Applied also to a naval commander. Spelman.

Lat. In old European law. A band of soldiers, {globus militum.) Spelman.