The Cyclopedic Law Dictionary

Actually; in fact; In deed. A term used to denote a thing actually done. An officer de facto is one who performs the duties of an office with apparent right, and under claim and co

The act of a defaulter. Embezzlement or misappropriation of public, or trust funds. The reduction of the claim of one of the contracting parties against the other, by deducting fro

Of false money. The title of St. 27 Edw. I., ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everjrthin

The speaking or writing words of a person so as to hurt his good fame, de bona fama aliquid detrahere. Written defamation is termed "libel," and oral defamation "slander." DEFAMES

The nonperformance of a duty, whether arising under a contract or otherwise. 2 Barn. & Aid. 516. In Practice. The nonappearance of a plaintiff or defendant at court within the time

(Fr. defaire, to defeat). An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a condition, and that which is i

An estate is defeasible when subject to be defeated by the operation of a condition subsequent, or conditional limitation.

The want of something required by law. See 20 N. Y. 355; 40 Barb. (N. Y.) 574.

See "Propter Defectum."

Failure of issue.

A party sued in a personal action. The term does not in strictness apply to the person opposing or denying the allegations of the demandant in a real action, who is properly called

The distinctive term appropriate to the party against whom a writ of error is sued out.

In French Law. To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect. In Scotch and Canon Law. A defendant.

To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III., § 46. See "Battel."

To wage law; a denial of an accusation upon oath. 3 Bl. Comm. 341; 3 Steph. Comm. 424.

A peculiar title belonging to the sovereign of England, as that of "Catholic" to the king of ly given by the popes of Rome; and that of Defensor Fidei was first conferred by Pope L

He defends the force and injury. Fleta, lib. 5, c. 39, § 1. DE FEN DOUR (Law F^. a defender or defendant). The party accused in an appeal. Britt. c. 22.

The act of lending money on usury.

A park or place fenced in for deer, and defended as a property, and peculiar for that use and service. Cowell.

In Torts. A forcible resistance of an attack by force. See "Self-Defense." In Pleading and Practice. The denial of the truth or validity of the complaint. A general assertion that

The general issue. 3 Low. (U. S.) 421.

In old English law. A lord or earl of the marches, who was the warden and defender of his country. Cowell.

In ecclesiastical practice. The answer of the party defending to the allegations of the party moving the cause.

A war in defense of national right, — ^not necessarily defensive in its operations. 1 Kent, Comm. 50.

See "Defensum."

In Civil Law. A defender; one who takes upon himself the defense of another's cause, assuming his liabilities. An advocate in court. In this sense the word is very general in its s

This phrase Is applied, In old statutes to officers who have their offices in fee. De feodo suo; of his fee; belonging to his fee. Fleta, lib. 2, c. 47, § 15. Forestarius de feodo;

One for the balance of the mortgage debt remaining after applying toward it the proceeds of the sale. 84 111. App. 36. DEFICIENTE UNO SANGUINE NON potest esse haeres. One blood bei

Of breach of faith or fidelity. 4 Reeve, Hist. Eng. Law, 99. DE FINE CAPIENDO PRO TERRIS (Law Lat.) A writ which lay for a juror who had been attained for giving a false verdict, t

Concerning fines levied. The title of St. 27 Edw. I., requiring fines thereafter to be levied, to be read openly and solemnly in court. 2 Inst. 521; Barr. Obs. St. 176.

That which terminates a suit; final. A definitive sentence or judgment is put in opposition to an interlocutory judgment.

The act by which a woman is deprived of her virginity. When this is done unlawfully and against her will, it bears the name of "rape" (q. V.); when she consents, it is "fornication

In English Law. To withhold wrongfully; to.withhold the possession of lands from one who is lawfully entitled to them. 3 Bl. Comm. 172. In Scotch Law. To resist the execution of th

The holding any lands or tenements to which another has a right. In its most extensive sense, the term includes any withholding of any lands or tenements to which another person ha

One who wrongfully

To withhold lands or tenements from the rightful owner. This is a word of art which cannot be supplied by any other word. Co. Litt. 331b; 3 Thomas, Co. Litt. 3; Bracton, lib. 4, 23

A writ of forfeiture of marriage. Reg. Orig. 163, 164

The punishment of being buried alive.

Concerning those that break prison. The title of St. 1 Edw. IL, ordaining that none from thenceforth who broke prison should have taken and imprisoned required such a judgment if h

To withhold from another that which is justly due to him, or to deprive him of a right, by deception or artifice. 12 Barb. (N. Y.) 186.

In Spanish law. The crime committed by a person who fraudulently avoids the payment of some public tax.

(Law Fr.) To flee from; to run away; to elope. Kelham. Defuiaunt; running away. Defuont; run away. Apres ceo que el avera defuy son baron; after she shall have eloped from her husb

Deceased; a deceased person. D EG ASTER (Law Fr.) To waste. Deflros*, degaste, degata, wasted, destroyed. Kelham.

Of theft. One of the kinds of criminal appeal formerly in use in England. 2 Reeve, Hist. Eng. Law, 40.

Of behavior and reputation. An old writ which lay in cases where a person's conduct and reputation were impeached. Lambard, Eiren. lib. 4, c. 14.

In ecclesiastical law. A censure by which a clergyman is deprived of the holy orders which he had as a priest or deacon. DEGREE (Fr. degre, from Lat. gradus, a step in a stairway;

Of grace or favor; by favor. Fleta, lib. 2, c. 57, § 11. De speciali gratia, of special grace or favor. Id. DE GRATIA SPECIALI CERTA SCIENtia et mero motu, talis clausula non vaiet

A writ for respiting or postponing homage. Fitzh. Nat. Brev. 269 (A). DE HOIVIINE CAPTO IN WITHERNAiVI (Lat. for taking a man in withernam). A try beyond the reach of a writ of rep

Writ concerning an heir ravished and carried away. A writ which anciently lay for a lord who, having by right the wardship of his tenant under age, could not obtain his body, the s

A writ which lay for one arrested in a personal action, and committed to prison under a mistake as to his identity, the proper defendant bearing the same name. Reg. Orig. 194. DE I

Of those who are to be put on assizes. The title of a statute passed 21 Edw. I., defining the qualifications of jurors. Crabb, Hist. Eng. Law, 167, 189; 2 Reeve, Hist. Eng. Law, 18

Of infirmity. The principal essoin in the time of Glanville; afterwards called "de malo." 1 Reeve, Hist. Eng. Law, 115. See "De Malo"; Essoin."

A writ of enjkry. Bracton, fols. 318, 319. Reg. Orig. 227b, 231, 235-237; Cowell. DE INJURIA (Lat.) The full form is de injuria sua propria absque tali causa, of his own wrong with

Concerning an inoificious or undutiful will. A title of the civil law. Dig. 6, 2; Inst. 2, 18.

Anew; a second time. 1 Vern. 223, 232. As it was before. 5 Maule & S. 222.

A writ of intrusion; where a stranger entered after tl.e death of the tenant, to the injury of the icvisioner. Reg. Orig. 233b.

In Spanish law. A general term applicable to the surrender of his property to his creditors by an insolvent; the renunciation of an inheritance; the release of a mortgage upon paym

For avoiding a loss. A phrase applied to a defendant, as de lucro captando is to a plaintiff. I Litt. (Ky.) 61.

A taking of a solemn oath. DEL BIEN ESTRE (Law Fr.; Law Lat. de bene esse). In old English practice. Of well being; of form. Britt. c. 39.

STATUTUM. The name of a statute passed in the reign of Edward I., which enacted severe penalties against the Jews. Barr. Obs. St. 197.

For payment of the amount adjudged. A term applied in the Scotch law to bail to the action, or special bail. Gierke, Prax. tit. 11.

Of judicial proceedings. The title of the second part of the Digests or Pandects, including the fifth, sixth, seventh, eighth, ninth, tenth, and eleventh books. See Dig. proem. § 3

For appearing in court. A term applied in the Scotch and admiralty law to bail for a defendant's appearance. Gierke, Prax. tit. 11.

Rightfully; of right; lawfu Uy; by legal title. Contrasted with de facto {q. V.) 4 Bl. Comm. 77. Of right; distinguished from de gratia, by favor. By law, distinguished from de aeq

ORIGINEM ducens de jure patronatus, tunc cognltio spectat at legem civilem, i. e., communem. With regard to the right of tithes, deducing its origin from the right of the patron, t

DE FACTO JURAtores, respondent. The judges answer concerning the law, the jury concerning the facts. See Co. Litt. 295; Broom, Leg. Max. (3d London Ed.) 99. DE LA PLUS BELLE (Fr. o

In Scotch law. To accuse. Bell, Diet.

From the side; on the side; collaterally; of collaterals. Code, 5. 5. 6.

In civil law. An accusation or information. Du Cange; Calv. Lex.

An accuser or informer. Du Cange.

In old English law. The reward of an informer. Whishaw. DELECTUS PERSONAE (or PERSONArum). (Lat. the choice of the person.) A term applied to the doctrine that no new member can be

An additional commission received by a factor in consideration of his engaging to insure to his principal not only the solvency of the debtor, but the punctual discharge of the deb

In Civil Law. A kind of novation by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the credito

Of legacies and trusts. Dig. 30.

A delegate or deputy cannot appoint another. 2 Bouv. Inst, note 1936; Story, Ag. § 13; Broom, Leg. Max. (3d London Ed.) 756-758; 9 Coke, 77; 2 Scott, N. R. 509; 12 Mees. & W. 712;

Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his neighbors in any parish, in public or private places, to their annoyance. Reg. Orig 2

In Scotch law. To erase; to strike out. 1 How. St. Tr. 1381. DELIBERANDUIVll EST DIU QUOD STATuendum est semel. That which is to be resolved once for all should be long deliberated

Writ of free fold. A species of quod permittat. Reg. Orig. 155.

Writ of free fishery. A species of quod permittat. Reg. ^ Orig. 155.

To examine, to consult, in order to form an opinion. Thus, a jury deliberates as to their verdict.

The act of the understanding by which a party examines whether a thing proposed ought to be done or not ' to be done, or whether it ought to be done in one manner or another. The d

Writ of free passage. A species of quod permittat. Reg. Orig. 155.

Writ for proving liberty. A writ which lay for such as, being demanded for villeins or niefs, offered to prove themselves free. Reg. Orig. 87b; Fitzh. Nat. Brev. 77 (F). DE LIBERTA

Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, commanding them to permit the persons named in the writ

In civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and m

To mark or lay out the limits or boundary line of a territory or country. DELINQUENS PER IRAM PROVOCAtus puhiri debet mitius. A delinquent provoked by anger ought to be punished mo

In civil law. He who has been guilty of some crime, offense, or failure of duty. cident to febrile diseases, and sometimes to the last stages of chronic diseases. DELIRIUM TREMENS

In Spanish law. Crime; a crime, offense, or delict. White, New Recop. bk. 2, tit. 19, c. 1, § 4.

In practice. A term used by the clerk in court to every prisoner who is arraigned and pleads not guilty, to whom he wishes a good deliverance. In modern practice this is seldom use

Of Deed. The transfer of a deed from the grantor to the grantee, or some person acting in his behalf, in such a manner as to deprive the grantor of the right to recall it at his op

An order addressed in England, by the owner of goods to a person holding them on his behalf, requesting him to deliver them to a person named in the order. Delivery orders are chie

In medical jurisprudence. A diseased state of the mind, in which persons believe things to exist which exist only, or in the degree they are conceived of only, in their own imagina

An abbreviation for "demise"; Jackson ex dem. Wood v. Wood, Jackson on the demise of Wood, etc. 6 Cow. (N. Y.) 586.

See "Demesne."

Of illness. See "De Malo Lecti." DE MALO LECTI (Law Lat.; Law Fr. de mal de lyt). Of infirmity or illness of (in) bed. Closely rendered, in old Scotch law, bed-evil (bedde-evill).

A claim; a legal obligation. Demand is a word of art of an extent greater in its signification than any other word except "claim." Co. Litt. 291; 2 Hill (N. Y.) 220; 9 Serg. & R. (

The plaintiff or party who brings a real action. Co. Litt. 127; Comyn, Dig.

A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. Prac. Code La. art. 374. DEMANDA (Law Lat.) In Old En

A female demandant.

Writ of maintenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 182b, 189.