A Law Dictionary and Glossary

L General things. Generalia preecedunt, specialia sequnntur: general things precede, special things follow. Generalia specialibns non derogant: general things do not derogate from

In eld English law. An ancient engine for the punishment of scolds, delinquent brewers and bakers, — called also tumbrel, trebucket, and castigatory.

ejus debet esse joys the profit ought to bear the loss. Cujns pouere: whose it is t<^ give, his it is to Cujus est dirisio, alterius est electio: has the division [of an estate], t

I. In the civil and common law. duct; culpable conduct In th&fcivil law, as in the common law, three degrees of culpa culpa, which is gross fault or neglect; levis fault or neglect

A person guilty or supposed to be id sine qno res ipsa non is granted, that also is not exist Cuicnnqne et id sine quo res ipsa anything to another is held itself could not exist.

In old Scots law. A species of pledge or cautioner, used in cases of the replevin of persons from one man's court to another's.

In feudal law. Confiscation, or forfeiture of lands and goods.

I. With. Cum confldente sponte mitius est agendum: a party making a voluntary confession is to be more mercifully dealt with. Cum eorum et cnjnslibet eorum pertinentiis: with their

qnnm, I. When; whereas. Cum adsunt testimonia rernm, quid opus est verbis: when the proofs of facts ai-e present, what need is there of words. Cum [quum] de luero dnorum quajritur,

Additional; increasing. Cumulative evidence: evidence tending to prove what has already been shown by other evidence. Cnmulative legacy: a legacy in addition to another legacy. Cum

I. I. In old English law. The iron die with which metallic money was coined; the money itself, so coined; the place of coinage.

I. Care; charge; oversight; guardianship. In the civil law. A species of guardianship which commenced at the age of puberty and continued to the completion of the twenty-fifth year

In ecclesiastical law. Properly an incumbent who has the cure of sovils, but now generally restricted to signify the spiritual assistant of a rector or vicar in his cure.

/. la the civil law. Guardianship; the ofl Bce of a curator.

I. In the civil law. One who is appointed to take care of any thing for another; one who is appointed to administer the estate of any person who is not legallj' competent to manage

In Scots law. Guardianship.

I. A female guardian.

In English ecclesiastical law. The spiritual charge of a parish, including the ordinary and regular duties of an ofi Sciating clex-gyman.

In old English law. A belj which rang at eight o'clock in the evening, in the time of William the Conqueror, by which every person was commanded to rake up, or co Ver his fire, and

I. In old English law. The court held in the king's palace; the court of a feudal lord; the court of a manor; any court of justice of either general or special jurisdiction; the ki

Now present or existing; now running or passing; as, a current account, or year, current earnings, current value; circulating as money. Current funds: money current at par; coin, o

^.Z. In English law. A clerk of the court of chancery whose business was to make out all original writs, — writs de cursu, v. De cursu; Original writ.

The land enclosed about a dwelling-house.

I. I. In old English law. Curtilage; a curtilage, v. Curtilage.

custagia, cnstantia, I I. In old English law. Cost, costs; expenses of judicial proceedings.

I. In old English law. Keepers; guardians. Cnstodes libertatis Anglise anthoritate parliamenti: keepers of the liberty of England, by the authority of parliament; the style of writ

I. In old English law. Keeping; custody; ward, or guard; the duty of keeping guard; wardship or guardiapship. Custodia castri: castle-guard. Custodia comitatns: the wardship of a c

I In old English law. To keep.

Care; keeping; detainer undsr arrest; confinement; imprieonment

A law, not written, established by long usage and consent If it is universal, and_80 a part of the common Jaw, it is. a ggperal. custom; if it is confined to a certain place, it is

Originating in custom, as customary estates, law, services, etc. In English lav. Customary estate: an estate which owes its origin to the custom of a particular manor, and belongs

The duties, toll, tribute or tariii payable on merchandise exported and imported, and forming a part of the public revfenue.

I. In English law. A keeper, protector or guardian. Cttstos brevium: keeper of the writs; a principal clerk belonging to the courts of King's Bench and Common Pleas, whose office w

/. I In old English law. Customs, duties or imposts. Custuma autiqua sive magna: ancient or great customs; export duties formerly payable on wool, sheepskins or woelfels,.and leath

pi. cymmortlian, brit In old English law. An assembly for the purpose of assistance.

sax. In Saxon law. A pecuniary composition for killing a relative; the same with cenegild.

.lax. In Saxon law. The act of breaking into a church.

sax. In Saxon law. A tribute or payment due to the church.

1.1. In old English law. A cyrographer; an officer of the court of Common Bench.

I. I In Saxon and old English law. A deed or charter among the Saxons; a charter, written in two parts, with the word cyrographum, in capital letters between, through which it was

I. fr. In old English law. Causing damage or loss, as distinguished from torcenouse, wrongful.

dampnare, 2. In old English law. To condemn; to damage; to injure.

dampner, I. fr. To condemn. Dampner a la mort: to condemn to death. Vamni injuria) actio, I. In the civil law. An action for injurious damage.

I. I. In old English law. Damages, inclusive of costs of suit; damages, exclusive of costs. Damna in duplo: double damages.

I. In old English law. Condemned; unlawful Damnatus coitus: an unlawful connection, v. Qui ex damnato, etc.

I. In the civil law. A losing inheritance; an inheritance that was a charge instead of a benefit

dampiiosus, I. I. In old English law. That which produces loss, as distinguished from injuriosus, or that which works a wrong.

dampnnm, pi. damna, I Damage; loss. Damnum facientes: doing damage. Damnum abstjue injuria: a loss without a wrong; that kind of damage for which an action will not lie. v. Non omn

danegelt, danigeld. In old English law. The Danish tax or tribute; a tax upon land first imposed on the Saxons in the reign of Ethelred, for the purpose of bribing the Danes to des

v. Apparent danger. Dangers of navigation, or of the sea: the ordinary perils of navigation, as stress of weather, tempests and other extraordinary occurrences, v. Perils of the se

I. To give; to cause a thing to be effectually his who receives it. V. Do; Give; Nemo dat, etc.; Qui nan, etc.

darreine, darreyne, dareyne, darrain, darraigne, I. fr. Last. Darrein continuance: the last continuance, v. Continuance; Puis darrein continuance. Darrein presentment: the last pre

/. fr. and eng. Primarily, given or executed; hence from 4ts use as the initial and emphatic word of the clause by which the time and place of execution were expressed, the time wh

L In the civil law. A giving, or act of giving; appointment or assignment Datio in solutum: a giving in payment; a species of accord and satisfaction. Datio judicis: appointment of

In old English law. In one's gift; that may be given and disposed of at will and pleasure. In the civil law. That which is given by the magistrate, as distinguished from that which

I. I. Given; dated. Datum apnd London: given at London. Datur digniori: it is given to the more worthy.

A period of time consisting of twenty-four hours, beginning at midnight and extending to the next succeeding midnight, called the civil day; a period of time extending from sunrise

In the law of burglary, that portion of time before sunrise, and after sunset, which is accounted part of the day as distinguished from night v. Burglary; Night.

Stated days in term appointed for the appearance of parties, the return of process, etc., originally peculiar to the court of Common Bench, or Bench (bank) as it was anciently call

An arbitrator, or umpira

In the law of burglary, that portion of the twenty-four hours during which a man's countenance is discernible.

decinarius, I. I A deciner; a handborowe. v. Deciner; Frank-pledge.

In maritime law. A kind of freight payable by the charterer when the cargo in respect of which it is payable, or some part

In the Saxon against an enemy, until

or death's part. In English law. That portion of the effects of a deceased person which, by the custom of London and York, is allowed to the administrator.

A mortgage,

In Scots law. That portion of the property of a decedent which remained over the share of the widow, and the children's lawful portion, — so called because the decedent had full po

I. I. In old its advocacy; to disavow

In English lease from the forest

I. I. In old English bare flrraam: to whiten money in which rent to the fineness of standard uer, or make it equal to

In English ecclesiastical presides over the chapter bishop. \. Decaniis. Dean stituting the council of affairs of religion, and Dean of the arches: the

In Scots law. Deathbed deed: a deed he afterwards dies.

debase, I. fr. Below

I. In old English

A custom-house ported goods to a drawback instrument by which his assigns the sum found

I. He owes; he ought Debet esse flnls litinm: et detinet: he owes and nal writ, and now, in tion of debt, brought by personally gave the credit, the debt, or against his Debet et s

I. In a due or lawful manner. Debito modo: in due manner; duly; — electus: duly elected.

I. A debtor. Debitor Intelligatiir Is a quo invito exijji pccunia potest: a debtor may be understood to be one from whom money may be exacted against his will. Debitor non prsesumi

I. A thing due or owing; a debt. Debitum et contractus sunt nnllins loci: debt and contract are of [belong to] no place; have no particular locality. Debitum In prassenti, solvendu

I fr. To break; to break down, as a hedge; to break to pieces.

A sum of money due by certain and express agreement; an action to recover a certain sum of money, or a sum that can readily be reduced to a certainty. Debt by specialty: a debt due

A person to whom a debt is due; a creditor.

A person who owes a sum of money, or is indebted to another. Debtor in solido: v. In solido.

I. I. A deanery; a company of ten persons.

I. I. The office, jurisdiction, territory or command of a decarms, or dean. v. Deoanus.

I. In old English law. Dying; a person dying; a deceased person.

Deceased; a deceased person.

Z. In old English law. To die; to decease: Decessit: he died. In the civil law. To depart, that is, from life; to dia

A false representation or contrivance by which one person misleads another to his injuiy; an action in trespass on the case to recover damages therefor. In old English law. Any sub

I. In the Roman law. Ten persons who acted as the assistants of the praetor, when he decided on matters of law, or who were themselves judges.

1. 1. In old English law. A tithing or decennaiy; the precinct of a frank-pledge, consisting of ten freeholders with their families. V. Decennary; Tithing; Frank-pledge; Friborg. ^

A tithing, composed of ten neighboring families.

non decipientibus, jura snbveniunt, I. The laws assist the deceived, not those deceiving.

In Scots law. To decrea

I. In civil and old English law. To decree.; to decide.

I. I. In English law. Ten such, or ten tales; a writ to summon ten jurors to make up a deficiency in the panel.

I In old English law. Decease; death; departure, v. Departure. In the civil law. Decease; death.

I. It is becoming; it is proper. Decet tameu principem servare leges quibas ipse solutns est: yet it is becoming for the prince to observe the laws from which he himself is release

L In old English law. To decide; to put an end to; to fall, or fall to; to remain to; to escheat In the civil law. To decide; to determine judicially.

I. I. In old English law. Ten times as much; a writ given by the statute 38 Edw. Ill, cc. 12, 13; or by 34 Edw. III., c. 8, which lay against a juror who had taken money of either