The Cyclopedic Law Dictionary

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

As a noun, death; departure from life. As a verb, to die; to depart life, or from life. This has always been a common term in Scotch law. "Gif ane man deceasis." Skene de Verb. Sig

A proposed law seeking to legalize marriages between a man and a sister of his deceased wife. Many times brought before the English parliament and defeated by the bishops in the ho

A deceased person. The signification of the word has become more extended than its strict etymological meaning. Strictly taken, it denotes a dying person, but is always used in the

A fraudulent misrepresentation or contrivance, by which one man deceives another, who has no means of detecting the fraud, to the injury and damage of the latter. It requires (1) a

Ten judges (five being senators and five knights), appointed by Augustus to act as DECENNARIUS (Lat.) One who held onehalf a virgate of land. Du Cange. One of the' ten freeholders

JURA subveniunt. The laws help persons who are deceived, not those deceiving. Tray. Lat. Max. 149,

In Scotch law. To decree. "Decernit and ordainit." 1 How. St. Tr. 927. "Decerns." Shaw, 16. DECESSUS (Lat. from decedere, to depart). In the Civil Law. Decease; death. Dig. 33. 2.

A writ requiring a thing to be certified; a kind of certiorari. Reg. Orig. 151, 152b.

A writ for certifying. A writ directed to the sheriff, requiring him to certify to a particular fact. Reg. Orig. 24.

Writ of champerty. A writ directed to the justices of the bench, commanding the enforcement of the statute of champertors. Reg. Orig. 193; Fitzh. Nat. Brev. 172. See "Champerty." D

Of victuals to be used. The title of a sumptuary statute passed 10 Edw. III. st. 3, to restrain the expense of entertainments. Barr. Obs. St. 240. DE CLAMIA ADMITTENDA IN ITINERE p

UBI non est annua renovatio, et ex annuatis renovantibus simul semel. Tithes ought not. to be paid where there is an annual renovation, and from annual renovations once only. Cro.

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed "decimatio legionie" by the Romans. Sometimes only the twentieth man was punished (vicesim

A French coin, of the value of the tenth part of a franc, or nearly two cents.

It is safer to be deceived than to deceive. Lofift, 396.

In practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions. See Inst. 1. 2. 8; Dig. 1. 2

In the civil law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his adversary, which the adversa

One who makes a declaration.

In Pleading. A specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. 1 Chit. PI. 248; Co. Litt. 17a, 303a; Bac. Ab

The act of an alien who goes before a court of record, and in a formal manner declares that it is bona fide his intention to become a citizen of the United States, and to renounce

The name given to an agreement announcing four important rules of international law effected between the principal European powers and the Congress of Paris in 1856. These rules ar

The act by which an individual acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same. The instrument in which s

The public proclamation of the government of a state, by which it declares itself to be at war with a foreign power, which is named, and which forbids all and every one to aid or a

In Scotch law. An action whereby a party prays something to be declared in his favor. Scotch Diet.

In Scotc Sh law. An action resorted to against a trustee who holds property upon titles ex fade for his own benefit. Bell, Diet.

Something which explains or ascertains what before was uncertain or doubtful; as, a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and whi

In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender (defendant). Bell, Diet.; Ersk. I

That which clearly defines rights to be observed and wrongs to be eschewed. 1 Bl. Comm. 53.

By daylight. Fleta, lib. 2, c. 76, § 8.

Of close broken; of breach of close. See "Clausum Fregit." DE CLERICO CAPTO PER STATUTUM mercatorium deliberando. Writ for delivering a clerk arrested on a statute merchant. A writ

In Scotch law. A preliminary plea objecting to the jurisdiction on the ground that the judge is interested in the suit.

In English practice. The plea of sanctuary, or of benefit of clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note; Id. 43

In Scotch practice. An objection to the jurisdiction of the judge. Bell, Diet.

The operation of boiling certain ingredients in a fluid for the purpose of extracting the parts soluble at that temperature. The product of this operation. In a case in which the i

In Roman law. A bankrupt; a person who squandered the money of the state. Calv. Lex.; Du Cange.

Decollation; beheading.

Of house burning. One of the kinds of appeal formerly in use in England. Bracton, fol. 146b; 2 Reeve, Hist. Eng. Law, 38.

In civil law. A writ of partition of common property. See "Communi Dividendo." DE COMON DROIT (Law Fr.) Of common right; that is, by the common law. Co. Litt. 142a.

Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff, or show cause to the contrary. Reg. Grig. 135-138; Fitzh. Nat. Brev. 117 (E). The fo

See "De Consilio Curiae.".

In French law. A name formerly given to those persons who died without confession, whether they refused to confess, or whether they were criminals to whom the sacrament was refused

Concerning the conflict of laws. The title of several works written on that subject. 2 Kent, Comm. 456.

Concerning persons jointly enfeoffed, or seised. The title of St. 34 Edw. I., which was passed to prevent the delay occasioned by tenants in novel disseisin, and otiier writs, plea

Writ of coslnage (q. V.) Reg. Orig. 226; Co. Litt. 160a.

In old criminal law. Of counsel; concerning counsel or advice to commit a crime. Fleta, lib. 1, c. 31, § 8.

By the advice or direction of the court. Bracton, fol. 345b. DE CONSUETUDINIBUS ET SERVICIIS (Law Lat.) Writ of customs and services. A writ which lay for a lord against his tenant

Writ to continue an assize. Reg. Orig. 217b. DE CONTRIBUTIONE FACIENDA (Law Lat.). Writ for making contribution. A writ, founded on the statute of Marlbridge (chapter 9), to compel

From the body of the county at large, as distinguished from a particular neighborhood (de vieineto). 3 Bl. Comm. 360.

Writ for having a corody. A writ to exact a corody from a religious house. Reg. Orig. 264; Fitzh. Nat. Brev. 230. See "Corody." DE CURIA CLAUDENDA (Lat. of Inclosing a court). An o

A pond used for the breeding and maintenance of water fowl. 11 Mod. 74, 130; 3 Salk. 9; Holt, 14; 11 East, 571. An article exposed for the purpose of affording an opportunity for t

In Practice. The judgment of sentence of a court of equity, or of admiralty. It corresponds to the judgment of a court of law. It is either interlocutory or final. The former is gi

In Scotch law. The order of a court of probate appointing an administrator.

In Scotch law. Judgment by default or pro confesso,

In Scotch law. Any decree by which the extent of a debt or obligation is ascertained. The term is, however, usually applied especially to those decrees which are required to found

In Scotch law. The decree made after an arrestment, ordering the debt to be paid or the effects to be delivered up to the arresting creditor. Bell, Diet.

In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivalent to the apportionment of a tithe rent charge.

In Scotch law. A decree of the teind court modifying or fixing a stipend.

In. Scotch law. A proceeding by which the creditor has immediate execution. It is somewhat like a warrant of attorney to confess judgment. 1 Bell, Conun. 1. 1. 4.

In Scotch law. The final judgment or sentence of court by which the question at issue between the parties is decided. Decreet condemnator is one where the decision is in favor of t

In the Roman law. Judicial sentences given by the emperor as supreme judge. DECRETA CONCILIORUM NON LIGANT reges nostros. The decrees of councils bind not our kings. Moore, 906.

A supplemental collection of the canon law, published by Boniface VIII. in 1298. Called, also, liber sextus decretalium, sixth book of the decretals. 1 Kaufm. Mackeld. Civ. Law, 83

The decretals of Gregory the Ninth. A collection of the laws of the church, published by order of Gregory IX. in 1227. It is composed of five books, subdivided into titles, and eac

In chancery practice. An order made by the court, of chancery, upon a motion or petition, in the nature of a decree. 2 Daniell, Ch. Prac. 637.

In ecclesiastical law. Canonical epistles, written by the pope alone, or by the pope and cardinals^ at the instance or suit of one or more persons, -for the ordering and determinin

In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign, in relation to ecclesiastical matters. Schmi

In Civil Law. A species of imperial constitution, being a judgment or sentence given by the emperor upon hearing of a cause, quod imperator cognoscens decrevit. Inst. 1. 2. 6. ——In

A collection of ecclesiastical law made by Gratian, a Bolognese monk, in the year 1151. It is the oldest of the collections constituting the Corpus Juris Canonici. 1 Kaufm. Mackeld

To cry down; to destroy the credit of. It is said that the king may at any time decry the coin of the realm. 1 BL Comm. 278.

In Roman law. One of the chief men or senators in the provincial towns. The deeuriones, taken together, had the entire management of the internal affairs of their towns or cities,

Of course. Reg. Orig. 29b. The formal proceedings in an action, as distinguished from those incidental proceedings that may be taken in summons, petition, or motion, all of which l

Writ for admitting a guardian. Reg. "Orig. 93b, 198.

Writ of ward, or writ of right of ward. A writ which lay for a guardian in knight's service or in socage, to recover the possession and custody of the infant, or the wardship of th

An actual homicide or manslaughter. DEDI (Lat. I have given.) A word used in deeds and other instruments of conveyance when such instruments were made in Latin. The use of this wor

Writ of debt. Reg. Orig. 139. Fitzh. Nat Brev. 119 (C), 121.

Of cutting a debtor in pieces. This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded tha

A writ of deceit which lay against one who acted in the name of another, whereby the latter was damnified and deceived. Reg. Orig. 112; Fitzh. Nat. Brev. 95 (E); Reg. Jud. 9b. 10.

An appropriation of land to some public use, made by the owner, and accepted for such use by or on behalf of the public. Angell, Highways, c. Ill, § 132. There may be a dedication

The feast of dedication of churches, or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all

From day to day. Bracton, fol. 205b; Holt, C. J., 6 Mod. 252. DE DIVERSIS REGULIS JURIS ANtiqui. Of diverse rules of the ancient law. A celebrated title of the Digests, and the las

Of or founded upon fraud. Dig. 4. 3. See "Actio de Dolo Halo." DE DOMO REPARANDA (Lat.) The name of an ancient common-law writ, by pairing the property held in common. 8 Barn. & C.

See "Estates." DE pONIS, THE STATUTE (more fully, de bonis conditionalibus, concerning conditional gifts). St. Edw. I. c. 1. The object of the statute was to prevent the alienation

In maritime law. The allowance (usually one-third) on the cost of repairing a damage to the ship by the extraordinary operation of the perils of navigation, the renovated part bein

A written instrument under seal, containing a contract or agreement which has been delivered by the party to be bound and accepted by the obligee or covenantee. Co. Litt. 171; 2 BL

See "Indenture."

Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title deeds. A covenant with a penalt

A deed which is made by one party only. A deed in which only the party making it executes it, or binds himself by it as a deed. 2 Washb. Real Prop. 588. The distinction between "de

A deed made after a fine or common recovery, to show the object thereof.

A deed made before a fine or common recovery, to show the object thereof.

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman, or stranger who had himself deprived the tenant of the occupation of the land du

Judges in the Isle of Man, who decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two in numbe

Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11.

A writ of exchange of money. An ancient writ to authorize a merchant to make a bill of exchange literas cambitorias faeere, Reg. Orig. 194.

A writ of escheat which lay for the lord to recover the land where the tenant died without an heir. Reg. Orig. 194.

Of be- DE ESSENDO QUIETUM DE THEOlonio (or tolonio) (Law Lat.) Writ ot being quit of toll. A writ which lay for citizens and burgesses of any city or borough, and other persons, wh

Writ of essoin of malum lecti. A writ which issued upon an essoin of malum lecti being cast, to examine whether the party was in fact sick or not. Reg. Orig. 8 b. See "De Malo Lect

Writ of exemplification. A writ granted for the exemplification of an original. Reg. Orig. 290b.

A writ to free the king's ward from suit in any court lower than the court of common pleas during the time of such wardship. DE EXPENSiS CIVIUM ET BURGENsium. An obsolete writ addr