The Cyclopedic Law Dictionary

Writ of rescue. A writ which lay where cattle distrained, or persons arrested, were rescued from those taking them. Reg. Orig! 117, 118; Fitzh. Nat. Brev. 101 (C), (G). DE RETORNO

De ea re ita consuere, concerning this matter have decreed. A phrase used in the record of decrees of the Roman senate.

Coming from another; taken from something preceding; secondary; as, derivative title, which is that acquired from another person. There is considerable difference between an origin

Law Lat. (from Fr. desrob-

(Lat. from de, from, and rogare, to pass a law). In the civil and old English law. To derogate or diminish; to take from or impair the authority, validity or effect of a law or con

The partial abrogation of a law. To derogate from a law is to enact something which impairs its utility and force; to abrogate a law is to abolish it entirely. See "Abrogation,"

In a will, this is a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter shou

CUM PARS DETRAhltur; abrogatur legi, cum prorsus tollltur. To derogate from a law is to take away part of it; to abrogate a law is to abolish it entirely. Dig. 50. 16. 102. See 1 B

In Spanish law. An irregular action committed with violence against law, custom, or reason.

A writ of safeconduct. Reg. Orig. 25b, 26.

Of or concerning the exchequer. The title of a statute passed in DE SCUTAQIO HABENDO (Lat. of having Bcutage). A writ which lay in case a man held lands of the king by knight's ser

Those who have issued from an individual, including his children, grandchildren, and their children to the remotest degree. Amb. 327; 2 Brown, 30, 230; 3 Brown, 367, 1 Rop. Leg. 11

Descent. See "Formedon."

Hereditary succession. Title by descent is the title by which one law. 2 Bl. Comm. 201; Comyn, Dig. "Discent" (A). It was one of the principles of the feudal system that, on the de

The same as what the older writers called a "descent which tolls entry." Where a person who had acquired land by disseisin, abatement, or intrusion died seised of the land, the des

An account of the accidents and qualities of a thing. Ayliffe, Pand. 60. A written account of the state and condition of personal property, titles, papers, and the like. It is a ki

Description of the person. In wills, it frequently happens that the word "heir" is used as a descriptio personae. It is then a sufficient designation of the person. In criminal cas

For behaving himself well; for his good behavior. Yelv. 90, 154. DE SECTA AD MOLENDINUM (Lat. of suit to a mill). A writ which lies to compel one to continue his custom of grinding

(Lat. deserere). To leave or quit with an intention not to return; to forsake utterly; to abandon. "In the common acceptance, both of the common and canon law, doth signify only a

Abandonment; the abandonment of a duty or of a person as to whom the deserter is charged with a duty; as desertion by a seaman, or a soldier, or by a husband of his wife. As a caus

(Law Lat.) To serve; as a feudal tenant did his lord. 2 Bl. Comm. 284.

Ip the law of evidence. Purpose or intention, combined with plan, or implying a plan in the mind. Burr Circ. Evid. 331; 95 Wis. 293. As Term of Art. The giving of a visible form to

The expression used by a testator to denote a person or thing, Instead of the name itself. A bequest of the farm which the testator bought of a person named, or of a picture which

The description contained in a contract of the persons who are parties thereto. DESIGNATIO UNIUS EST EXCLUSIO alterlus, et expressum facit cessare taciturn. makes that which is imp

Concerning similars the judgment is the same. 7 Coke, 18. DE SON TORT (Fr.) Of his own wrong. This term is usually applied to a person who, having no right to meddle^ with the affa

In Spanish law. The act of determining and indicating the boundaries of an estate, county, or province.

In Spanish law. Persons without memory. White, New Recop. lib. 1, tit. 2, c, 1, § 4.

The name given, in some countries, to persons appointed to settle cases of average. Ord. Hamb. tit. 21, art. 10.

Of which there Is no hope. This term is used frequently in making an inventory of a decedent's effects, when a debt is considered so bad that there is no hope of recovering it. It

A contemptible person. Fleta, lib. 4, c. 5, § 4.

The act of betrothing persons to each other.

In Spanish law. Espousals; mutual promises of future marriage. White, New Recop. bk. 1, tit, 6, c. 1, § 1.

This word, in its original and most simple acceptation, signifies "master and supreme lord." It is synonymous with "monarch"; but taken in bad part, as it is usually employed, it s

That abuse of government where the sovereign power is not divided, but united in the hands of a single man, whatever may be his official title. It is not, properly, a form of gover

Unreasonable. Britt. c. 121.

In Roman law. One of the innominate contracts, and, in effect, a sale of land or goods at a price fixed (aesiimato) and guaranteed by some third party, who undertook to find a purc

The Intended application of a thing. For example, when a testator gives to a hospital a sum of money to be applied in erecting buildings, he is said to give a turned, have a destin

A term used in old English law, generally in connection with "waste," and having, according to some, the same meaning. 1 Reeve, Hist. Bng. Law, 385; 3 Bl. Comm. 223. Britton, howev

To weary a person with continual barkings, and then to bite, provided against by old laws.

Disuse.

Ot showing the tablets of a will. Dig. 43. 5. DE TALLAGIO NON CONCEDENDO (Lat. of not allowing talliage). The name given to St. 34 Edw. I., restricting the power of the king to gra

To seize or take Into custody another's goods or person. The word is given by Cowell, but seenis a corruption of attaohiare.

Detention; the act of keeping a person against his will, or of withholding the possession of goods or other personal or real property from the owner. "Detainer" and "detention" are

ET AD OMnia tempora. From time to time, and at all times. Towns, PL 17. DE TEMPS DONT MEMORIE NE COURT (Law Fr.) From time whereof memory runneth not; time out of memory- of man. L

The act of retaining and preventing the removal of a person or property. See "Detainer."

Liable to come to an end by the happening of a contingency: as, a determinable fee. See 2 Bouv, Inst, note 1695. DETERMINABLE FEE (also called a "qualified" or "base" fee). One whi

That which is ascertained; what is particularly designated; as, if I sell you my horse Napoleon, the article sold is here determined. This is very different from a contract by whic

The decision of a court of justice. The end, the conclusion, of a right of authority; as, the determination of a lease. Comyn, Dig. "Estates by Grant" (G 10, 11, 12). The determina

To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 Washb. Real Prop. 380. DETESTATIO (Lat.) In the civil law. A summoning made, or notice given, in the presence of witnesses

Of testaments. The title of the fifth part of the Digests or Pandects; comprising the twenty-eighth to the thirty-sixth books, both inclusive.

A writ which lay for a person who was prevented from taking toll. Reg. Orig. 103.

A writ of trespass. Reg. Orig. 92.

AD AUDIENdum et termlnandum. A writ or commission for the hearing and determining any outrage or misdemeanor. 2 Reeve, Hist. Eng. Law, 170. DE UNA PARTE (Lat.) A deed de una parte

To discover or lay open to the world. Matt. Westminster, 1240. DEUNX (Lat. pi. deunces). In the Roman law. A division of the as, containing eleven unciae or duodecimal parts; the p

A second marriage.

or DIVADIATUS. An offender without sureties or pledges. Cowell.

Wasteful use of the property of a deceased person; as, for extravagant funeral or other unnecessary expenses. 2 Bl. Comm. 508. DEVASTAVE RUNT (Lat. pL of devastavit). They have was

A mismanagement and waste by an executor, administrator, or other trustee, of the estate and effects trusted to him as such, by which a loss occurs. Devastavit may be: (1) By direc

Writ of waste. A writ which might be brought by him who had the immediate estate of inheritance in reversion or remainder, against the tenant for life, in dower, by curtesy, or for

Word for word. Bracton, fol. 138b. Literally, from word to

Of the signification of words. An important title of the Digests or Pandects (Dig. 50. 16), consisting entirely of definitions of words and phrases used in the Roman law, compiled

In Insurance. Varying from the risks insured against, as described in the policy, without necessity or just cause, after the risk has begun. 1 Phil. Ins. § 977 et seq. In Contracts

Writ of (or for) removing lay force. A writ which lay where two parsons contended for a church, and one of them entered into it with a great number of laymen, and held out the othe

In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and deni

A gift of real property by a person's last will and testament. The term "devise," properly and technicalproperty. 1 Hill, Abr. c. 36, notes 62-74. But it is also sometimes improper

A person to whom a devise has been made.

A testator; one who devises real estate.

Duty. It is used in the statute of 2 Rich. II. c. 3, in the sense of "duties" or "customs."

In ecclesiastical law. The transfer, by forfeiture, of a right and power which a person has to another, on account of some act or negligence of the person who is vested with such r

"To devolve means to pass from a person dying to a person living." 1 Myline & K. 648. DEVYER (Law Fr.) To die. Deoya, died.

A writ which lay for a party in the service of the king who was required to appear in person on a certain day, commanding the justices not to record his default, the king certifyin

Daily food, or as much as will suffice for the day. Du Cange. DIATAXiS. In the civil law a constitution or ordinance. The novels of Justinian are all given this name.

In the Civil law a will or testament.

In old records. Daily; every day; from day to day. Spelman.

In old English law. A tally for accounts, by number of cuts {tai Uees),

An officer In ancient Greece answering nearly to our juryman.

In Roman law. A magistrate at Rome invested with absolute power. His authority over the lives and fortunes of the citizens was without bounds. His office continued but for six mont

An opinion expressed by a court, but which, not being necessarily involved in the case, lacks the force of an adjudication. Usually given obiter dictum. An opinion expressed by a c

The edict or declaration of Kenilworth. An edict or award between King Henry III. and all the barons and others who had been in arms against him; and so called because it was made

The day begins; dies venit, the day has come. Two expressions in Roman law which signify the vesting or fixing of an interest, and the interest becoming a present one. Sandars, Jus

In old English law. The added or increasing day in leap year. Bracton, fols. 359, 359b. DIES FASTI (Lat.) In Roman law. Days on which courts might be held, and judicial and other b

In Roman law. Divided days; days on which the courts were open for a part of the day. Calv. Lex.; 1 Mackeld. Civ. Law, p. 24, § 35, note.

In the civil and old English law. A lawful or law day; a term day; a day of appearance. Halifax, Anal, bk. 3, c. 9, § 6; Bracton, fols. 334b, 359.

In old English law. The day of meeting of English and Scotch, which was annually held on the marches or borders to adjust their differences and preserve peace. Cowell; Tomlin. DIES

In old English law. A solar day, as distinguished from what was called "dies lunaris" (a lunar day), both composing an artificial day. Bracton, fol., 264. See "Day."

In the civil and old English law. Sunday, literally, the day of the sun. So called in Code, 3. 12. 7. DIES UTILES (Lat. useful or available days). Days in which an heir might apply

or DYET. In Scotch practice. The sitting of a court. 3 How. St. Tr. 654. An appearance day. Bell, Diet. A day fixed for the trial of a criminal cause. 2 Alison, Prac. 343; 2 Brown,

In Scotch law. The days allowed in which to appear after citation. DIEU SON ACTE (Law Pr.) In old law. God, his act; God's act. An event beyond human foresight or control. Termes d

or DISFACERE (Law Lat.; old Pr. deffacer). In old European law. To disfigure or deface; to mutilate; to destroy. Spelman; LL. Longobard, lib. 1, tit. 25. 1. 68. Diffactio, a mutila

A contention over a question of truth or fact, as distinguished from a non-agreement over a question. DIFFICILE EST UT UNUS HOMO VIcem duorum sustlneat. It is difl Scult that one m

To proclaim hostilities; to declare war; to defy;, to outlaw. In feudal law to renounce fealty or allegiance; the opposite of affidare (q. v.)

In old English law. To been required to do it. Matt, Par. A. D. 1164. Perhaps the same with defordwre.

or DIGAMY. Second marriage; marriage to a second wife after the death of the first, as "bigamy," in law, is having two wives at once. Originally, a man who married a widow, or marr

A compilation arranged in an orderly manner. The name is given to a great variety of topical compilations, abridgments, and analytical indices of reports, statutes, etc. When refer

In eccleciastlcal law. An ecclesiastic who holds a dignity or benefice which gives him some pre-eminence over mere priests and canons, such as a bishop, archbishop, prebendary, etc

In English law. Titles of honor. They are considered as incorporeal hereditaments. The genius of our government forbids their admission into the republic.

Judicial distinction.

An ofllcer appointed or confirmed by the English commissioners of sewers to take charge of the sluices and sea banks of fen or marsh land.

In Spanish law. The time granted by law or by the judge to parties litigant for the purpose of answering a demand, or proving some disputed fact.

A species of ecclesiastical waste which occurs whenever the incumbent suffers any edifices of his ecclesiastical living to go to ruin or decay. It is either voluntary, by pulling d