The Cyclopedic Law Dictionary

In Spanish law. The real and effective delivery of an object in the execution of a contract.

Every day. A newspaper published six days in each week, whether Sunday or Monday be the day omitted, is held to be a "daily newspaper." 45 Minn. 27.

or DIKER. Ten hides. Blount. DALE and SALE. Fictitious names of places, used in the English books as examples. Perk. c. 2, § 152. "The manor of Dale and the manor of Sale, lying bo

A construction of wood, stone, or other materials, made across a stream of water for the purpose of confining it; a mole.

The loss caused by one person to another, or to his property, either with the design of injuring him, or with negligence and carelessness, or by inevitable accident. See "Damages."

The tenth part in the common pleas, and the twentieth part in the king's bench and exchequer courts, of all damages beyond a certain sum, which was to be paid the prothonotary or c

In maritime law. Goods, subject to duties, which have received some injury either in the voyage home, or while bonded in warehouse.

The indemnity recoverable by a person who has sustained an injury, either in his person, property, or relative rights, through the act or default of another. The sum claimed as suc

In old English law. Caus- DAMNA (Lat. damnum). Damages, both inclusive and exclusive of costs. DAMNI INJURIAE ACTIO (Lat.) In civil law. An action for the damage done by one who in

A name given by Lord Kenyon to that species of property of a bankrupt which, so far from being valuable, would be a charge to the creditors; for example, a term of years, where the

In civil law. Damages caused by a fortuitous event, or inevitable accident; damages arising from the act of God. Among these were included losses by shipwreck, lightning, or other

In Roman law. Damage not yet committed, but threatened or impending. A preventive interdict might be obtained to prevent such damage from happening; and it was treated as a quaside

A loss arising from a payment made by a party in consequence of an error of law.

There may be damage or injury inflicted without any act of injustice. Loflft, 112.

Anciently the better sort of men in England had this title; so the Spanish Don.

A tax or tribute imposed upon the English when the Danes got a footing in their island.

The laws of the Danes which obtained in the eastern counties and part of the midland counties of England in the eleventh century. 1 Bl. Comm. 65.

A money payment made by forest tenants, that they might have liberty to plow and sow in time of pannage, or mast feeding. Mann.

A weapon calculated to cause death or great bodily harm. Guns, swords, knives, and the like, are dangerous weapons, as a matter of law. 110 N. C. 497; 1 Baldw. (U. S.) 78. Others a

See "Perils of the Sea."

The act of lending money on usury.

In Spanish law. Damage; the deterioration, injury, or destruction which a man suffers with respect to his person or his property by the fault (culpa) of another. White, New Recop.

NIHIL DAT. One who gives and yet retains does not give effectually. Tray. Lat. Max. 129. Or, one who gives yet retains [possession] grfves nothing.

A steward either of a king or lord. Spelman.

In the civil law. To transfer property. When this transfer is made in order to discharge a debt, it is datio solvendi animo; when in order to receive an equivalent, to create an ob

To give away in fee, or forever.

To clear a legal account; to answer an accusation; to settle a controversy. DARREIN (Fr. dernier). Last. Darrein continuance, last continuance. DARREIN PRESENTMENT (Law Pr.) In old

The designation or indication in an instrument of writing of the time and place when and where it was made. When the place is mentioned in the date of a deed, the law intends, unle

In French law. A fixed date; one made certain by the registration of the instrument,

In civil law. A giving, or act of giving. Datio in solutum, a giving in payment; a species of accord and satisfaction. Called, in modern law, "dation." _ Appointment or assignment.

In civil law. The act of giving something. It differs from donation, which is a gift; dation, on the contrary, is giving something without any liberality; as, the giving of an offi

In civil law. A giving by the debtor and receipt by the creditor of something in payment of a debt instead of a sum of money. It is somewhat like the accord and satisfaction of the

In Old English Law. In one's gift; that may be given and disposed of at will and pleasure. Applied to an officer in the sense of "removable," as distinguished from "perpetual." St.

POST MORtem tunc tua non sunt. Give the things which are yours whilst they are yours; after death then they are not yours. 3 Bulst. 18. DABIS7 DABO (Lat. will you give? I will give

A thing given. DATUR DIGNiORI. It is given to tbe more worthy. 2 Vent. 268.

An immediate female descendant. See "Sons."

The space of time which elapses while the earth makes a complete revolution on its axis. A portion of such space of time which, by usage or law, has come to be considered as the wh

In mercantile law. An account book in which merchants and others make entries of their daily transactions. This is generally a book of original entries, and, as such, may.be given

The dawn or first appearance of light in the morning. 167 111. App. 159.

The daytime; between sunrise and sunset. 4 Bl. Comm. 224. Sufficient light, of day, to distinguish a man's features. 11 Car. & P. 297; 11 E. C. L. 398. An insurance policy requirin

or DAY WRIT. A rule or order of the court by which a prisoner on civil process, and not committed, is enabled, in term time, to go out of the prison and its rule or bounds. Tidd, P

In English practice. Days of appearance in the court of common pleas, usually called bancum. They are at the distance of about a week from each other, and are regulated by some fes

An arbitrator, umpire, or elected judge. Cowell.

In mercantile law. Certain days (generally three) allowed to the acceptor of a bill or the maker of a note in which to make payment, in addition to the time contracted for by the b

See "Daylight."

As much arable land as could be ploughed in one day's work. Cowell. DE. Of; about; concerning; respecting.

De bonis non, a species of administration.

In ecclesiastical law. A minister or servant in the church, whose office in some churches is to assist the priest in divine service, and in the distribution of the sacrament.

Of (about) acquiring the ovraership of things. Dig. 11. 1; Bracton, lib. 2, fol. 8b.

A corpse.

The amount paid by a charterer for that part of the vessel's capa- When the charterer of a vessel has shipped part of the goods on board, and is not ready to ship the remainder, th

A term applied to persons other than the officers or employes of a railroad company who are permitted by the railroad to travel without payment of fare. Phil. Law (61 N. C.) 22. DE

A dead-born child is to be considered as if it had never been conceived or born; in other words, it is presumed it never had life, it being a maxim of the common law that mortuus e

Letters transmitted through the mails according to direction, and remaining for a specified time uncalled for by the persons addressed, are called "dead letters."

A dangerous weapon (g. V.)

That portion of the personal estate of a person deceased which, by the custom of London, became the administrator's. If the decedent left wife and children, this was one-third of t

Of admeasurement. Used of the writ of admeasurement of dower, which lies where the widow has had more dower assigned to her than she is entitled to. It is said by some to lie where

A mortgage.

A rent payable on a mining lease in addition to a royalty. So called because it is payable, although the mine may not be worked. Wharton.

In Scotch law. The part remaining over beyond the shares secured to the widow and children by law. Of this the testator had the unqualified disposal. Stair, Inst. lib. iii. tit. 4,

A future use.

In equity. De jure stricto, nihil possum vendicare, de aequitate tamen, nullo modo hoc obtinet, in strict law, I can claim nothing, but in equity this by no means obtains. Fleta, l

In old English law. To

About gamesters. Dig. 11. 5. DE ALLOCATION E FACIENDA (Lat. for making allowance). A writ to allow the collectors of customs, and other such officers having charge of the king's mo

One who buys to sell again. 27 Pa. St. 495.

Transactions in the course of business. Two sales of goods by one to a firm constitute "dealings" with it, so as to entitle one to notice of dissolution. 2 Barb. (N. Y.) 549.

Of high and low. A phrase anciently used to denote the absolute submission of all differences to arbitration. Cowell; 2 Reeve, Hist. Eng. Law, 90. DE AMBITU (Lat. concerning briber

In ecclesiastical law. An ecclesiastical offlcer, who derives his name from the fact that he presides over ten canons, or prebendaries, at least. There are several kinds of deans,

In ecclesiastical law. The council of a bishop, to assist him with their advice in the religious and also in the temporal affairs of the see. 3 Coke, 75; 1 Bl. Comm. 382; Co. Litt.

Of the bissextile or leap year. The title of a statute passed in the twenty-first year of Henry III., which in fact, hovirever, is nothing more than a sort of writ or direction to

The presiding judge of the court of arches. He is also an assistant judge in the court of admiralty. 1 Kent, Comm. 371; 3 Steph. Comm. 727.

Of art and part. A phrase in old Scotch law. 1 Pitcairn, pt. 2, p. 55. See "Art and Part."

Concerning the property of religious persons carried away. The title of St. 35 Edw. I. passed to check the abuses of clerical possessions, one of which was the waste they suffered

The cessation of life; the ceasing to exist. Civil death is the state of a person who, though possessing natural life, has lost all his civil rights, and as to them is considered a

Death from any unexpected event which happens as by chance, or which does not take place according to the usual course of things. 186 111. App. 503.

The executioner; hangman; he who executes the extreme penalty of the law.

See "Dead's Part"; "Dead Man's Part."

Where a will devised a particular estate preceding a gift over, the expression "death without issue" means death before the death of the life tenant, unless the will shows an inten

For hearing and determining; to hear and determine. cases of heinous misdemeanor, trespass, riotous breach of the peace, etc. Reg. Orig 123 et seq.; Fitzh. Nat. Brev. 110 (B). See

(Law Lat. from Fr. debatre). In old European law. A dispute or controversy. Spelman.

To entice or lead away. In modern usage it implies carnal knowledge. 97 Mo. 668. It has been held synonymous vnth "seduce." 8 Abb. Pr. (N. Y.) 384, 389. In early use it signified m

A stock or fund representing money borrowed by a company or public body, in England, and charged on the whole or part of its property. It differs from debentures chiefly in these r

There ought to be an end of lawsuits. Jenk. Cent. Cas. 61. DEBET ET DETINET (Lat. he owes and withholds). In pleading. An action of debt is said to be in the debet et detinet when

See "De Bono et Malo." DE BIENS LE MORT (Law Fr.). Of the goods of the deceased. Dyer, 32.

Concerning men twice married. The title of St. 4 Edw. I. st. 3; socalled from the initial words of the fifth chapter. 2 Inst. 272; 2 Reeve, Hist. Eng, Law, 142. DE BONE MEMORIE (La

FALLIT opus. Where there is a weak foundation, the work falls. 2 Bouv. Inst, note 2068; Broom, Leg. Max. (3d London Ed.) 169, 171. DEBITA FUNDI (Lat.) In Scotch law. Debts secured

CREDItorum petitio nee toll!, nee minul potest. The right to sue of creditors cannot be taken away or lessened by the contracts of their debtors. Poth. Obi. 87, 108; Broom, Leg. DE

SOLVENDUM In future. A present debt, to be discharged in the future. 2 Barb. (N. Y.) 457, 470- 16 Barb. (N. Y.) 171, 176; 19 Barb. (N. Y.) 442, 445. DEBITUM SINE BREVI (Law Lat.) I

See "Administration." DE BONIS NON ADMINISTRATIS (Law Lat. of the goods not administered). Where the administration of the estate of an intestate is left unfinished, in consequence

For good behavior.

(Law Fr.) To break In pieces. To break down, as a hedge. Ses haiea debruseront. Y«arb. T. 1 Edw. II. 8. Ceux queux ount debruse la pn80M;-those who have broken the prison. Stat. We

Any sum of money due under contract, express or implied. 20 Cal. 351. Blackstone restricts the term to money due on express contract (3 Bl. Comm. 154), but it has been thought that

One to whom a debt Is due; a creditor; as, debtee executor. 3 Bl. Comm.

A species of debt or obligation mentioned by Glanville and Bracton, and which arose ex mutuo, out of a certain kind of loan. Glanv. lib. 10, c. 3; Bracton, fol. 99. See "Mutuum"; "

One who owes a debt; he who may be constrained to pay what he owes. DEBTORS' ACT 1869. St. 32 & 33 Vict. c. 62, relating to insolvent debtors. See L. R. Ch. 152; L. R. 10 Ch. 76; 1

A summons under the seal of a court of bankruptcy in England, giving notice to the person to whom it is addressed (the debtor) that, unless he pays or compounds for a debt (not les

or DE CETERO. Henceforth; henceforward; hereafter; in the future. DE CALCETO REPARENDO (Lat.) A writ for repairing a highway, directed to the sheriff, commanding him to distrain th

DECANIA, or DECANA (Lat.) A town or tithing, consisting originally of ten families of freeholders. Ten tithings compose a hundred. 1 Bl. Comm. 114. Decanatus, a deanery, a company

Of the chief lords of the fee. A phrase in ancient charters, denoting

Of those who have lost their status, or civil condition. Dig. 4. 5. See "Capitas Deminutio." DE CARTIS REDDENDIS (Lat. for restoring'charters). A writ to secure the delivery of cha