The Cyclopedic Law Dictionary

In criminal law. To Induce a person not to do an act. able offense at common law. Hawk. P. C. bk. 1, c. 21, § 15. The mere attempt to stifle evidence is also criminal, although the

Where there are no special controlling words, distance is to be measured "as the crow flies," i. e., by the shortest line that can be drawn from one place to another on a map witho

In old English practice. Distinctly and openly. Formal words in writs of error, referring to the return required to be made to them. Reg. • Orig. 17,

The time is to be considered. 1 Coke, 16a; 14 N. Y. 380, 393. DISTINGUENDA SUNT TEMPORA; ALlud est facere, aliud perficere. Times must be distinguished; it is one thing to do a thi

While a by-law may be in the form of a resolution, a resolution is not necessarily a by-law. The distinction between the two has been said to lie in the fact that a resolution appl

A mark placed upon the ballot by the voter by which his ballot can be identified. 250 111. 505. Such a mark as will distinguish and separate the particular ballot from other ballot

A term used in the statutes of Illinois (Rev. Laws 111. 1833, p. 332) and New Hampshire (Dig. N. H. Laws 1830, p. 339) to express a state of insanity.

In civil law. The sale of a pledge by a debtor; the appropriation of the property of a ward by a guardian. Calv. Lex.

To withdraw; to sell. Distrahere controversias, to diminish and settle quarrels; distrahere matrimoniam, to dissolve marriage; to divorce. Calv. Lex.

To take as a pledge property of another, and keep the same until he performs his obligation, or until the property rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat.

In English practice. A process commanding the sheriff to distrain a person from time to time, and continually afterwards, by taking his goods by way of pledge to enforce the perfor

One entitled to take a share of the estate of a decedent under the statute of distribution.

In practice. The division by order of the court having authority, among those entitled thereto, of the residue of the personal estate of an intestate, after payment of the debts an

A certain portion of the country, separated from the rest for some special purposes. The United States are divided into judicial districts, in each of which is established a distri

A distress; a distraint. Cowell.

Ecclesiastical divisions of parishes in England, for all purposes of worship, and for the celebration of marriages, christenings, churchings, and burials, formed at the instance of

A writ directed to the sheriff, commanding him to distrain a person of his goods and chattels to enforce a compliance with what is required of him. ' It is used to compel an appear

A writ of distringas, directed to the coroner, may be issued against a sheriff if he neglects to execute a writ of venditioni exponas. Archb. Prac. 584. pel; literally, to bond fas

A wrong done to an incorporeal hereditament by hindering ot disquieting the owner in the enjoyment of it. Finch, Law, 187; 3 Bl. Comm. 235; 1 Swift Dig. 522; Comyn, Dig. "Action up

If a bishop refuse or neglect to examine or admit a patron's clerk, without reason assigned or notice given, he is styled a "disturber" by the law, and shall not have any title to

In Scotch law. A technical term accused of crime. Taking up dittay is obtaining informations and presentments of crime in order to trial. Skene de Verb. Sign.; Bell, Diet.

A treatise on courts and their jurisdiction, written in French in the reign of Edward III., as is supposed, and by some attributed to Fitzherbert. It was first printed in 1525, and

A plea by a convict, in bar of execution; of "diversity of person," i. e., that he is not the same person who was attainted. 4 Bl. Comm. 396. DIVERSO INTUITU (Lat.) With a differen

In old English law. A lodging or inn. Towns. PI. 38.

In the practice of the English chancery division, "dives costs" are costs on the ordinary scale, as opposed to the costs formerly allowed to a successful pauper suing or defending

See "Devest."

One which puts an end to a right or status. Thus, the right of a creditor is at an end when his debt is paid. Bentham divides divestitive facts into destitutive, abolishing rights,

CUM RADIX ET vertex imperil In obedientium consensu ratae sunt. Divide and govern, since the foundation and crown of empire are established in the consent of the obedient. 4 Inst.

A portion of the principal or profits divided among several owners of a thing. The term is usually applied to the division of the profits arising out of bank or other stodts, or to

In old records. An indenture; one counterpart of an indenture. DiVINARE (Lat.) To divine; to conjecture or gu'ess; to foretell. Divinatio, a conjecturing or guessing. DIVINATIO NON

A species of feudal tenure, by which the tenant was required to say masses, to distribute such a sum in alms or the like. It differed from frankalmoign in that, for breach of a dut

or DEVISA (Law Lat. from Fr. diviser, to divide). In old English law. A division or partition; a division or distribution of goods by will; a will or testament of goods or chattels

A thing divisible may be forever divided.

That which is susceptible of being divided. A contract cannot, in general, be divided in such a manner that an action may be brought, or a right accrue, on a part of it. 2 Pa. St.

One which, being a unit, may nevertheless be lawfully divided with or without the consent of the parties. Express or Conventional Obligations. Those by which the obligor binds hims

In English law. A particular and ascertained part of a county. In Lincolnshire, "division" means what "riding" does in Yorkshire.

i Disagreement among those called upon to decide a matter. When, in a company or society, the parties having a right to vote are so divided that there is not a plurality of the who

The dissolution or partial suspension, by law, of the marriage relation. The dissolution is termed "divorce from the bond of matrimony," or, in the Latin form of the expression, a

quia vir divertitur ab uxore. Divorce Is called from divertendo, because a man is diverted from his wife. Co. Litt. 235. DIXIEME (Fr.) Tenth; the tenth part. Ord. Mar. liv. 1, tit.

As a noun, the Inclosed space occupied by prisoners in a criminal court; the space between two wharves. As a verb, to curtail or diminish, as to dock an entail.

The charge for use of a dock.

A formal record of judicial proceedings; a brief writing; a small piece of paper or parchment having the effect of a larger. Blount. An abstract. Cowell.

STRIKING A. In English bankruptcy practice. The filing of petition and bond to obtain the lord chancellor's fiat, allowing proceedings against an alleged bankrupt. Brown.

A document issued by a dock company or dock owner in England, stating that certain goods therein mentioned are deliverable to a person therein named, or to his assigns, by indorsem

The title of a work written by St. Germain in the reign of Henry VIII., in which many principles of the common law are discussed in a popular manner. It is in the form of a dialogu

An institution near St. Paul's cathedral, where the ecclesiastical and admiralty courts are held.

The deeds, agreements, title papers, letters, receipts, and other written instruments used to prove a fact. In Civil Law. Evidence delivered in however, applied principally to the

In Scotch law. An agent or attorney. 1 Kames, Eq. 325.

In forest law. Drawing after, that is, pursuing, a deer with a dog. One of the circumstances which constituted what was called the manifest deprehension of an offender against veni

In civil law. This word is used in the first chapter, first section, of the second Novel, and signifies an ordinance of the senate. See, also, Dig. 27. 1. 6.

The expression "doing business" is equivalent to the expression "transacting business." 149 111. App. 511. The expression as used in statutes regulating foreign corporations, has a

or DOIT. A foreign coin of small value, prohibited by St. 3 Hen. V. c. 1, from being introduced into England. DOLE (Law Lat. dolaf Saxon, doel; from doelan, to divide or distribute

A recompense for a scar or wound. Cowell.

Capable of mischief; having knowledge of right and wrong. 4 Bl. Comm. 22, 23; 1 Hale, P. C. 26, 27. DOLI INCAPAX (Lat.) Incapable of dismay be shown to be ca/pax doli. 3 Bl. Conun.

The Spanish form of dolus. DOLOSUS VERSATUR IN GENERALIbus. A deceiver deals in generals. 2 Coke, 34; 2 Bulst. 226; Lofft, 782; 1 Rolle, Abr. 157; Wingate, Max. 636; Broom, Leg. Ma

Fraud is not purged by circuity. Bac. Max. reg. 1; Noy, Max. 9, 12; Broom, Leg. Max. (3d London Ed.) 210.

Fraud or deceit giving occasion for the contract. This phrase is applied to a false representation, when it is such as to induce the contract. The phrase is commonly used in expres

CUM ALIUD dissimulat allud agit. Deceit Is an artifice since it pretends one thing and does another. Lane, 47. DOLUS ET FRAUS NEMINI PATROCIselves need to be excused. Y. B. 14 Hen.

Dominion; territory governed; possession; estate; land about the mansionhouse of a lord; the right to dispose at our pleasure of what belongs to us. A distinction has been, made be

or DOMBEC (Saxon). The name of codes of laws among the Saxons. Of these. King Alfred's was the most famous. 1 Bl. Comm. 46; 4 Bl. Comm. 411. The Domboc of King Alfred is not to bft

A book or code said to have been compiled under the direction of Alfred for the general use of the whole kingdom of England; containing, as is supposed, the principal maxims of the

or DOMESDAY BOOK (Saxon). An ancient record made in the t"«e oi rsmaimng volumes of unequal size, containing minute and accurate surveys of the lands in England. It has been printe

Pertaining to domicile or family. One who resides in the house with the master he serves. The term does not extend to workmen and laborers employed out of doors. 41 Tex. 558. Anima

See "Administration" (11),

A species of attachment against resident debtors who absent or conceal themselves, as foreign at-

A bill of exchange drawn on a person residing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. 25 Miss. 143. It i

Corporations transacting business in the state by which they are created.

Those who reside in the same house with the master they serve. The term does not extend to workmen or laborers employed out of doors. 5 Bin. (Pa.) 167; Merlin, Repert. The act of C

In old European law. A seneschal, steward, or major domo; a judge's assistant; an assessor (q. v.) Spelman.

In old English law. A damsel. Fleta, lib. 1, c. 20, § 80. DOMICELLUS (Law Lat. dim. of dominus). In old European law. A young lord; a title anciently given to the king's natural so

That place where a man has his true, fixed and permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning. Lieber, Enc. Am.;

To fix or establish a domicile.

Power over another; also danger. Bracton, lib. 4, tit. 1, c. 10.

A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell.

That to which a servitude or easement is due, or for the benefit of which it exists. Distinguished from "servient," that from which it is due. See "Easement."

In civil and Scotch law. A term used in the constitution of servitudes, meaning the tenement or subject in favor of which the servitude is constituted. Bell, Diet. DOM IN ATI 0. In

The act of killing one's lord or master. DOMINICUM (Lat. domain; demain; demesne). A lordship; that of which one has the lordship or ownership; that which remains under the lord's

In old English law. Ancient demesne. Bracton, fol. 369b. DOMINIUM (Lat.) Perfect and complete property or ownership in a thing. Plenum in re dominium, — plena in re potestas. This

Eminent domain. Tayl. Civ. Law, 463. DOMINIUM NON POTEST ESSE IN pendenti. Lordship cannot be in suspense, i. e., property cannot remain in abeyance. Halk. Max. 39.

Pull ownership; the union of the dominium directum with the dominium utile. Tayl. Civ. Law, 478. DOMINIUM UTILE (Lat.) The beneficial ownership; the use of the property. DOMINO VOL

In the civil law. The owner of a vessel. Dig. 39. 4. 11. 2. DOMINUS NON MARITABIT PUPILLUM nisi semel. A lord cannot give a ward In marriage but once. Co. Litt. 9. DOMINUS REX NULL

A writ that lay for one against his neighbor, by the anticipated fall of whose house he feared a damage and injury to his own. Reg. Orig. 153; Termes de la Ley. DOM US (Lat.) In th

{domus procerum). The house of lords. Wharton.

In old records. A chapter house; the chapter house. Dyer, 26b. DOMUS CONVERSORUM (Lnr Lat. the house of the converts). An ancient house or institution (Spelman calls it collegium)

The house of God; applied to many hospitals and religious houses.

The house of lords; abbreviated into Dom. Proc. or D. P. DOMUS SUA CUIQUE EST TUTISSImum refuglum. Every man's house Is his castle. 5 Coke, 91, 92; Dig. 2. 14. 18; Broom, Leg. Max.

NULLI JURE cogente concedltur. That is considered to be given which is granted when no law compels. Dig. 60. 17. 82. D0NATARIU8 (Law Lat.) One to whom something is given; a donee..

In ecclesiastical law. A mode of acquiring a benefice by deed of gift alone, without presentation, institution, or induction. 3 Steph. Comm. 81. The act by which the owner of a thi

ALIA incepta, et non perfecta; ut si donatio, lecta fuit et concessa, ac traditio nondum fuerit subsecuta. Some gifts are perfect, others incipient and not perfect; as, if a gift w

In ecclesiastical law. A species of advowson, where the benefice is conferred on the clerk by the patron's deed of donation, without presentation, institution, or induction. 2 Bl.

A donee; a person to whom a gift is made; a purchaser. Bracton, f ol. 13 et seq.; Fleta, lib. 3, c. 7, § 4.

The person on whom the king bestows his right to any forfeiture that has fallen to the crown.

(Lat. factum, actum). Distinguished from "made." "A 'deed made' may no doubt mean an 'instrument made'; but a 'deed done' is not an 'instrument done,' — it is an 'act done'; and th

Lat. Until. Fleta, lib. 3, c. 12, § 6. A word of limitation in old conveyances. Co. Litt. 235a.

He to whom a gift is made or a bequest given; one who is invested with a power of appointment. He is sometimes called an "appointee." 4 Kent, Comm. 316; 4 Cruise, Dig. 51.

or DOME. In Scotch practice. Judgment; sentence. The judgment of a court formerly pronounced by the mouth of (or pronounce) for doom." The term is still retained; sentences in crim

Sleeping; silent; not known; not acting. Dormant Judgment. One upon which itor delivers to the sheriff, with directions to levy only, and not to sell, until further orders, or unti

NUNquam morluntur. The laws sometimes sleep, but never die. Inst. 161. DORSUM (Lat. the back). In dorso recordi, on the back of the record. 5 Coke, 44b.

A dormitory of a convent; a place to sleep in. DOS (Lat.) In Roman Law. That which is received by or promised to the husband from the wife, or any one else by her influence, for su

Dower ought hot to be sought from dower. 4 Coke, 122; Co. Litt. 31; 4 Dane, Abr. 671; 1 Washb. Real Prop. 209. DOS RATIONABILIS (Lat. a reasonable marriage portion). A reasonable p