The Cyclopedic Law Dictionary

Death.

See "Medietas Linguae." DE MEDIO (Lat. of the mesne). A writ in the nature of a writ of right, which lies where, upon a subinfeudation, the mesne (or middle) lord suffers his under

In Scotch law. Maliciously cutting off or otherwise separating one limb from another. 1 Hume, 323; Bell. Diet. DEMENS (Lat.) One who has lost his mind through sickness or some othe

In medical jurisprudence. That form of insanity which is characterized by mental weakness and decrepitude, and by total inability to reason correctly or incorrectly.

THE STATUTE. The statute of Acton Burnell. See "Acton Burnell."

Lands of which the lord had the absolute property or ownership, as distinguished from feudal lands which he held of a superior. 2 Sharswood, Bl. Comm. 104; Cowell. Lands which the

A man is said to be seised in his demesne as of fee of a corporeal inheritance, because he has a property dominicum or demesne in the thing itself. 2 Bl. Comm. 106. But when he has

A phrase meaning the same as "demesne."

That share of lands reserved to the crown at the original distribution of landed property, or which came to it afterwards by forfeiture or otherwise. 1 Sharswood, Bl. Comm. 286; 2

Pertaining to a demesne.

A word used in ancient records for a moiety, or one-half.

In some universities and colleges this term is synonymous with "scholars." Boyle, Char. 129.

A sum of money (6s., 8d., 3 Bl. Comm. App. v.) tendered and paid into court in certain cases in the trial of a writ of right by the grand assize. Co. Litt. 294b; Booth, Real Action

The law does not notice (or care for) trifling matters. Broom, Leg. Max. (3d London Ed.) 134; Hob. 88; 5 Hill (N. Y.) 170. witK personal violence, or the destruction of his propert

In civil law. A taking away; loss or deprivation. See "Capitaa Deminutio."

Partly official or authorized.

or DEMY-SANGUE (Law Fr.) Half blood.

(1) A conveyance, either in fee for life or for years. A lease or conveyance for a term of years. According to Chief Justice Gibson, the term strictly denotes a postliumous grant,

A conveyance by mutual leases made from one to another on each side of the same land, or of something issuing from it. A lease for a given sum, — usually a mere nominal amount, — a

The natural dissolution of the king. The term is said to denote in law merely a transfer of the property of the crown. 1 Bl. Comm. 249. By demise of the crown, we mean only that, i

I have demised or leased. Demisi, concessi, et ad firmam tradidi, have demised, granted, and to farm let. The usual operative words in ancient leases, as the corresponding English

A writ to send the tenor of a record, or to exemplify it under the great seal. Reg. Orig. 220b. DE MODERATA MISERICORDIA CAplenda. Writ for taking a moderate amercement. A writ, fo

To pull down or destroy, or begin to demolish, pull down or destroy. 60

Description. Falsa demonstratio non nocet, a false description does not injure.

(Lat. demonstrare, to point out). Whatever is said or written to designate a thing or person. Several descriptions may be employed to denote the same person or object; and the rule

A pecuniary legacy, coupled with a direction that it be paid out of a specific fund.

or DEEMSTER. In Scotch law. A doomsman; one who pronounced the sentence of court. 1 How. St. Tr. 937.

The delay of a vessel by the freighter beyond the time allowed for loading, unloading, or sailing. 3 Kent. Comm. 203. Payment for such delay. Demurrage is an extended freight or re

In English practice. A transcript of all the pleadings that have been filed or delivered between the parties made upon the formation of an issue at law. Steph. PI. 95,

or DEMY SANGUE. Halfblood. A corruption of demi-sang,

Liberty for ships and vessels to run aground or come ashore, — strand themselves. Cowell.

As much land as is worth one penny per annum. Rapalje & L.

An ancient general term for any sort of pecunia numerata, or ready money. The French use the word denier in the same sense, payer de ses propres deniers.

Customary oblations made to a cathedral church at Pentecost.

Commonly called "Peter's Pence." An annual payment on St. Peter's feast of a penny from every family to the pope, during the time that the Roman Catholic religion was established i

A certain sum of money which is given by one of the contracting parties to the other as a sign of the completion of the contract. It differs from arrhae in this, that the latter is

In pleading. A traverse of the statement of the opposite party; a defense. It may be general of all the allegations in a pleading, or a particular part thereof, or special of certa

In French law. A sum of money which the hirer of a thing gives to the other party as evidence, or for the consideration of the contract, which either party may annul within twenty-

The act by which a foreigner becomes a subject, but without the rights either of a natural-born subject, or of one who has become naturalized. Bac. Abr. "Aliens" (B).

To make a denizen.

In English law. An alien born who has obtained, ex donatione legis, letters patent to make him an English subject. He is intermediate between a naturalborn subject and an alien. He

n French feudal law. A minute or act drawn up, on the creation of a fief, containing a description of the fief, and all the rights and incidents belonging to it. Guyot, Inst. Feud.

Writ for not proceeding to take an issue. A writ, directed to the justices assigned to hold assizes, commanding them not to proceed to take an assize in a particular case. Reg. Ori

An ancient writ where a parson was emf)loyed in the royal service, etc., to excuse and discharge him of nonresidence. 2 Inst. 264. DE NON SANE MEMORIE (Law Fr.) Of unsound memory o

(In Mexican law.) A denouncement was a judicial proceeding, and though real property might be acquired by an alien in fraud of the law — that is without observing its requirements

QUO EST SUA NATURA indivisible, et divisionem non patitur, nullam partem habebit vidua, sed satisfaciat ei ad valentiam. A widow shall have no part from that which in its own natur

QUOD TENEtur ad terminum, fit homagii, fit tatnen Inde fidelitatis sacramentum. In no tenement which is held for a term of years is there an avail of homage; but there is the oath

The act of present payment. Rapalje & L.

In civil law. The act by which an individual informs a public officer, whose duty it is to prosecute offenders, that a crime has been committed. See 1 Brown, Civ. Law, 447; 2 Brown

In old English law. A public notice or summons. Bracton, 202b.

Any personal chattel whatever which is the immediate cause of the death of a human creature, which is forfeited to the king, to be distributed in alms by his high almoner. 1 Bl. Co

Writ for charging according to a ratable proportion. A writ which lay for a joint tenant, or tenant in common, who was distrained for more rent than his proportion of the land came

Of peace (breach of peace), and wounds. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of assault, wounding, and breach of the peace. Bracto

Of peace (breach of peace) and robbery. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of robbery and breach of the peace. Bracton, fol. 146

In Pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See "Departure." In Old English Law. To divide or separate; to part. Cowell. —In M

A portion of a country. In Prance, the country is divided into departments, which are somewhat similar to the counties in this country. The United States have been divided into mil

In Maritime Law. A deviation from the course prescribed in the policy of insurance. It may be justifiable. See "Deviation." In Pleading, The statement of matter in a replication, r

This took place where the tenant, having once made his appearance in court upon demand, failed to reappear when demanded. Co. Litt. 139a. As the whole term is, in contemplation of

In old English law. To pasture. "If a man depastures unprofitable cattle in his ground." Bunb. 1, case 1.

A robbing of the prince or commonwealth; an embezzling of the public treasure.

A territory distinct from the country in which the supreme sovereign power resides, but belonging rightfully to it, and subject to the laws and regulations which the sovereign may

One which it is not the duty of the contractor to perform until some obligation contained in thp same agreement has been performed by the other party. Hammond, Part. 17, 29, 30, 10

Those In which the performance of one depends on the performance of the other.

Sometimes used for "pending."

In Spanish-American law. Spaces of ground in towns reserved for commons or public pasturage. 12 Pet. (U. S.) 443, note. White, New Recop. bk. 2, tit. 1, c. 6.

ACtlo. In civil law. An action to recover a pledge stolen. Inst. 4. 1. 14.

A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents Coggs V. Barnard, 2 Ld. Raym. 909. Jones, Bailm. 59, DE PLACITO (Law Lat. of a plea

Of wounds and mayhem. The name of a criminal appeal formerly in use in England in cases of wounding and maiming. Bracton, fol. 144b; 2 Reeve, Hist. Eng. Law, 34, See "Appeal." DE P

In Scotch practice. To depose; to make oath in writing.

One who gives information, on oath or affirmation, respecting some facts known to him, before a magistrate; strictly, he who makes a deposition; but sometimes used for "affiant."

In old Scotch practice. A deponent. 3 How. St. Tr. 695.

In old English law. The crime of destroying, ravaging, or laying waste a country. 2 Hale, P. C. 333; 4 Bl. Comm. 373.

In old English law. A species of waste, by which the population of the kingdom was diminished. Depopulation of houses was a public offense. 12 Coke, 30, 31. DEPORTATIO (Lat.) In th

In Roman law. A perpetual banishment, depriving th6 banished of his rights as a citizen. It differed from "relegation" {q. v.) and "exile" (g. v.) 1 Brown, Civ. Law, 125, note; Ins

To deprive an individual of a public employment or office against his will. Wolfflus, Inst. § 1063. The term is usually applied to the deprivation of all authority of a sovereign.

A naked bailment of goods to be kept for the depositor without reward, and to be returned when he shall require it. Jones, Bailm. 36, 117; 9 Mass. 470. A bailment of goods to be ke

One with whom anything is deposited (see "Deposit") or lodged In trust; as "depository" is the place where it is put. The obligation on the part of the depositary is that he keep t

The testimony of a witness reduced to writing, in due form of law, by virtue of a commission or other authority of a competent tribunal, or according to the provisions of some stat

In Spanish law. A real contract by which one person confides to the custody of another an object on the condition that it shall be returned to him whenever he shall require it.

A pledge of land as security by giving the muniments

He who makes a deposit. DEPOSITUM (Lat. from deponere, to deposit). In the civil and common law. A naked bailment of goods, to be kept for the bailor without reward, and to be retu

Writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by praecipe quod reddat, on default, or reddition, was again disseised by the former disse

In the French law. The depositum of the Roman, and the "deposit" of the English law. It is of two kinds, being either (1) depot simply so called, and which may be either voluntary

Of the present; in the present tense. See "Per Verba de Praesenti." DE PROPRIETATE PROBANDA (Lat. for proving property). A writ which issues in a case of replevin, when the defenda

To defame; vilify; exhibit contempt for. In England, depraving the with fine and imprisonment. Steph. Crim. Dig. 99.

In French law. The pillage which is made of the goods of a decedent.

In ecclesiastical law. A censure by which a clergyman is deprived of his parsonage, vicarage, or other ecclesiastical promotion or dignity. See Ayliffe, Par. 206; 1 Bl. Comm. 393.

One authorized by an officer to exercise the office or right which the officer possesses, for and in place of the latter. A deputy differs from an assignee in that an assignee has

A steward of a manor may depute or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief steward i

An ancient writ of entry.

or DE QUIBUS. Of which. Formal words in the simple writ of entry, from which it was called a writ of entry "in the quo," or "in the quibus." 3 Reeve, Hist. Eng. Law, 33. DE QUOTA L

DEREYN, or DEREINE (Law Lat. dera Uonare, dirationare, or disrationare; Law Fr. dereiner, derener, disreigner, disrener, contra for deraisner or deraisoner). In old English law. To

Of the ravishment of maids. The name of an appeal formerly in use in England in cases of rape. Bracton, fol. 147; 2 Reeve, Hist. Eng. Law, 38. DE RATIONABl Ll PARTE BONORUM (Lat. o

Of things. The title of the third part of the Digests or Pandects, comprising the twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth bdo

Of doubtful things or matters. Dig. 34. 6. DE RECORDO ET PROCESSU MITTENdis. Writ to send the record and process

In Spanish law. Law or right. White, New Recop. bk. 4, tit. 4. Derecho comun, common law. The civil law is so called. Id. bk. 2, tit. 13, c. 1, § 5. A right. Dereehos, rights.

Writ of right. Reg. Orig. 1, 2; Bracton, fol. 327b. DE RECTO DE ADVOCATIONE (Lat. of right of advowson; called, also, de droit de advocatione). A writ which lay to restore the righ

Writ of right patent. Reg. Orig. 1.

Writ of redlsseisin. A writ which lay where a man recovered, by assize of novel disseisin, land, rent, or common, and the like, and was put in possession thereof by verdict, and af

Abandoned; deserted; cast away. Land left uncovered by the receding of water from its former bed. 2 Ro Ue, Abr. 170; 2 Bl. Comm. 262; 1 Crabb, Real Prop. 109. When so left by degre