The Cyclopedic Law Dictionary

A French word adopted in Louisiana. The fortune, portion, or dowry which a woman brings to her husband by the marriage. 6 Mart. (La.; N. S.) 460.

Dotage is that feebleness of the mental faculties which proceeds from old age. It is a diminution or decay of that intellectual power which was once possessed. It is the slow appro

In canon and feudal law. Dower. Spelman, voc. "Doarium;" Calv. Lex. 2 Bl. Comm. 129. Used as early as A. D. 841.

By the civil law in Louisiana, by this term is understood that property which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Ci

In French law. The act by which the founder of a hospital, or other charity, endows it with property to fulfill its destination.

In Spanish law. The property and effects which a woman brings to her husband for the purpose of aiding him, with the rents and revenues thereof, to support the expenses of the marr

In English law. A was seised of tenements in fee or fee tall at the time of his death, and that he held of the king in chief. DOTE UNDE NIHIl. HABET. Dower unde nihil habet (q. v.)

Admeasurement of dower, where the widow holds more than her share, etc.

A dowager.

A version of the Bible, of which the Old Testament was published by the English college at Douay, in France, in 1609, and the New Testament by the English college at Rheims in 1582

In Scotch law. Double the ordinary or single value of a marriage. Bell, Diet. See "Duplex Valor Maritagii."

In Scotch law. A bond with a penalty, as distinguished from a single bond. 2 Kames, Eq. 359.

or DOUBLE quarrel. A grievance made known by a clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause

In old English law. A fine sur done grant et render was called a "double fine," because it comprehended the fine sur cognizance de droit come ceo, etc. and the fine sur concessit.

Is where divers insurance are made upon the same inter- ■est in the same subject against the same risks in favor of the same assured, in proportions exceeding the value. 1 Phil. In

The alleging, for one single purpose, tv^o or more distinct grounds of defense, vyhen one of them would be as effectual in law as both or all. See "Duplicity."

A possibility based or dependent on another possibility. Used ordinarily in respect to the creation of contingent trusts and remainders. Thus, a bequest to testator's unborn "child

Required, by St. 11 Geo. II. c. 19, as a penalty of a tenant holding over after notice to quit. Wharton.

A voucher which occurs when the person first vouched to warranty comes in and vouches over a third person. See a precedent, 2 Bl. Comm. Appendix V. p. xvii. The necessity for doubl

When a tenant bound to repair suffers a house to be wasted, and then unlawfully fells timber to repair it, he is said to commit double waste. Co. Litt. 53. See "Waste."

The uncertainty which exists in relation to a fact, a proposition, or other thing; an equipoise of the mind arising from an equality of contrary reasons. Ayliife, Pand. 121. See "R

A doubtful title is one which the court does not consider to be so clear that it will enforce its acceptance by a purchaser, nor so defective as to debe compelled to accept it. 36

DON, or DONE (Law Fr.) A gift. The thirty-fourth chapter of Britton is entitled "De Douns."

Entitled to dower.

A widow endowed; one who has a jointure. In England. A title or addition given to the widows of princes, dukes, earls, and other noblemen, to distinguish them from the wives of the

The widow of the king. As such she enjoys most of the privileges belonging to her as queen consort. It is not treason to conspire her death or violate her chastity, because the suc

A writ which lay for a widow to obtain an assignment of dower.

Stones dividing lands, etc. Cowell.

In old English law. Endowment; dower.

A woman entitled to dower. See "Dower."

Formerly applied to mean that which a woman brings to her husband in marriage. This is now called a "portion." This word is sometimes confounded with "dower." See Co. Litt. 31; Civ

Doyle's rule lor the measurement of logs is to deduct four inches from the diameter of the log, as an allowance for slab; square one-quarter of the remainder and multiply the resul

Twelve peers assembled at the instance of the barons, in the reign of Henry III., to be privy counsellors, or rather conservators of the kingdom. Wharton.

A term employed in old pleadings and records, to denote a groat. Towns. PI. 180. An Athenian silver coin, (Gr. drachme) of the value of about 7J^d. sterling.

A code of laws prepared by Draco, the celebrated lawgiver of Athens. These laws were exceedingly se-

The standard, ensign, or military colors borne in war by the ancient kings of England,, having the figure of a dragon painted thereon.

The common term for a bill of exchange.

An interpreter employed in the east, and particularly at the Turkish court.

To conduct water from one place to another, for the purpose of drying the former. The right of draining water through another man's land. This is an easement or servitude acquired

A local subdivision of the state created by law for the purpose of administering therein certain functions of local government. 240 111. 199.

The dramatic performances which are recognized as belonging to a theater, are those adapted to the stage, with the appropria'te scenery for their representation. The stage with its

Places commonly known as tippling houses, where liquors are sold in small quantities for immediate use upon the premises, that use being the drinking of the liquor at the time and

To drag, on a hurdle, to the place of execution. Anciently no hurdle was allowed, but the criminal was actually dragged along the road to the place of execution. A part of the anci

An allowance made by the government to merchants on the re-exportation of certain imported goods liable to duties, which in some cases consists of the whole, in others of a part, o

A person to whom a bill of exchange is addressed, and who is requested to pay the amount of money therein mentioned. See "Bill of Exchange."

The party who makes a bill of exchange.

Thieves; robbers. Cowell.

Double right; a union of the right of possession and the right of property. 2 Sharswood, Bl. Comm. 199.

or DRENGES (Law Lat. drengi). A species of tenants mentioned in knight service. The same author quotes an old manuscript record of the family of Sharburn, in Norfolk, from which it

The tenure by which the drenches (g. i;.) held their lands. Spelman.

In old English law. A driving. A term applied to cattle.

A view or examination of what cattle are in a forest, chase, etc., that it may be known whether it be surcharged or not, and whose the beasts are, and whether they are commonable.

A road or way over which cattle are driven. 1 Taunt. 279; Selw. N. P. 1037; Woolr. Ways, 1. The term is in use in Rhode Island. 2 Hilliard, Real Prop. 33.

or DRINKLEAN (Saxon). A contribution of tenants, in the time of the Saxons, towards a potation, or ale, provided to entertain the lord, or his steward. Cowell. See "Cervisarii."

The right of drip is an easement by which the water which falls on one house is allowed to fall upon the land of another. Unless the owner has acquired the right by grant or prescr

DRIFTLAND, or DRYFland. A yearly payment made by some to their landlords for driving their cattle through the manor to fairs and markets. Cowell. DROIT (Fr.) A right. No law exists

In French law. The written law. The Roman civil law or corpus juris civilis. Steph. Lect. 130. DROIT NE DONE PLUIS QUE SOIT DEmaunde. The law gives no more than is demanded. Coke,

Right cannot die. Jenk. Cent. Cas. 100.

This phrase in French law denotes private rights, the exercise ofwhich is independent of the status (qualite) of citizen. Foreigners enjoy them; and the extent of that enjoyment is

Rights claimed by the government over the property of an enemy. In England, it has been usual in maritime wars for the government to seize and condemn, as droits of admiralty, the

What belongs of right; relating to right; as, real actions are either droitural or possessory, — droitural when the plaintiff seeks to recover the property. Finch, Law, 257.

In Elng Ush practice. When the members of a court are equally divided on ther discharged nor made absolute, and the rule is said to "drop." In practice, there being a right to appe

A letter addressed for delivery in the same city or district in which it is posted. DROV? ROAD. A road for driving cattle. A right of way for carriages does not involve necessarily

In Scotch law. A place adjoining a drove road, for resting and refreshing sheep and cattle on their journey, 7 Bell, App. Cas. 53, 57.

To merge or sink; to extinguish by merging in something greater. "In some cases, a right of freehold shall drown in a chattel." Co. Litt. 266a, 321a. Perkins' Prof, bk. 9, §§ 584,

A thicket of wood In a valley. Domesday Book,

One who deals in medicinal substances, vegetable, animal, or mineral, uncompounded. In America, the term "druggist" is used synonymously with "apothecary," although, strictly speak

A man is drunk when he is overcome, stupefied, or frenzied by alcoholic liquors.

Synonymous with "habitual drunkard" (q. v.) 5 Gray (Mass.) 85, He is a drunkard whose habit is to get drunk, "whose ebriety has become habitual." 5 Gray (Mass.) 86. As for a drunka

In medical jurisprudence. The condition of a man whose mind

Witchcraft; magic.

A term Invented for disguising and covering usury, in which something was pretended to pass on both sides, when in truth nothing passed on one side) whence it was called "dry." St.

In Scotch law. Corn paid to the owner of a mill, whether the payers grind or not. Wharton.

Rent seek; a rent reserved without a clause of distress.

Debitum sans (or sine) breve.

A form of government where two reign jointly. DUAS UXORES EODEM TEMPORE HAbere non potest. It is not lawful to have two wives at one time. Inst. 1. 10. 6; 1 Sharswood, Bl. Comm. 43

or DUBITANTE. Doubting. Dobbin, J., dubitans. 1 Show. 364.

or DUBITAVIT. It is doubted. A word frequently used in the reports to indicate that a point is considered doubtful. Vaughan, C. J., dubitavit. Freem. 150.

The name of a foreign coin. The ducat, or sequin, was originally a gold coin of the middle ages, apparently a descendant from the bezant of the Greek-Roman empire. For many centuri

A writ directing the sheriff to bring a person whom he returned as so sick that he could not be brought without endangering his life. Blount; Cowell. The writ is now obsolete. See

A court of special jurisdiction in England, matter of equity relating to lands holden of the king in right of the duchy of Lancaster. 3 Bl. Comm. 78; 3 Steph. Comm. 446. The procee

See "Castigatory."

Guaranty; equivalent to del credere (q. v.)

Just and proper. A due presentment and demand of payment must be made. See 4 Rawle (Pa.) 307; 3 Leigh (Va.) 389; 3 Cranch (U. S.) 300. What ought to be paid; what may be demanded;

An acknowledgment of a debt in writing is so called. This instrument differs from a promissory note in many particulars. It is not payable to order, nor is it assignable by mere in

That degree of care that a reasonable and prudent person would exercise under all the circumstances of the case. 1 111. App. 421.

Means such rules of action in relation to the rights and duties of the citizen, and such forms and modes of legal proceedings, of a general character, to ascertain and enforce duti

The fighting of two persons one against the other, at an appointed time and place, upon a precedent quarrel. It differs from an affray in this, that the latter occurs on a sudden q

Trial by battle; judicial combat. Spelman.

Law in its regular course of administration through courts of justice. 3 Story, Const. 264, 661; 18 How. (U. S.) 272; 13 N. Y. 378. It is the equivalent to "law of the land," as us

The title given to those who are in the highest rank of nobility in England.

A government where servants and slaves have so much license and privilege that they domineer. Wharton.

In legal parlance, In a proper way, or regularly, or according to law. 5 Hun (N. Y.) 542, 543; 23 Barb. (N. Y.) 304; 3 Edw. Ch. 239; 59 Barb. (N. Y.) 531, 543; 15 Minn. 479, 484; 5

In sales at auction, when the amount which the owner of the thing sold is willing to take for the article is written, and placed by the owner under a candlestick, or other thing, a

While the work glows; in the heat of action. 1 Kent, Comm. 120. DUM FUIT IN PRISONA (Law Lat.) In English law. A writ which lay for a man who had aliened lands under duress by im-

While the offense was fresh. A term employed in the old law of appeal of rape. Bracton, fol. 147. DUM SOLA (Lat. while single or unmarried). A phrase applied to single women, to de

A cell under ground; a place in a prison built under ground, dark, or but indifferently lighted. DUN 10. A double; a kind of base coin less than a farthing.

Pieces of wood or other material placed against the sides and bottom of the hold of a vessel, to preserve the cargo from the effect of leakage, according to its nature and quality.

The trial by twelve men, or by jury. Applied to Sries de medietate linguae. Molloy, de Jur. ar. 448. DUODECIMA MANUS (Lat. twfelve hands). The oaths of twelve men, including himsel

In old records. A jury of twelve men. Cowell. Generally, a dozen. Duodena pania, a dozen of bread. Towns. PI. 170.