A Law Dictionary and Glossary

Disuse; cessation or discontinuance of use.

desuz, desuis, desuys, I. fr. Above; before; below; under; upon.

devester, I fr. To devest; to unclothe, v. Devest.

Detainment or detention; the keeping of a person against his will; the keeping of another out of possession of lands or tenements; the withholding of possession of another's goods.

I fr. To detain. Detenour: a detainer; one who detains.

I In old English law. Detention or detainment, as distinguished from, or in connection with, captio. In the civil law. That condition of fact under which one can exercise his power

That which may cease upon the happening of a certain contingency, v. Determine.

To cease, terminate, or come to an end, on the happening of a certain contingency; to cause to cease or terminate.

A ceasing, termination, or coming to an end.

U In the civil law. To summon or give notice to one in his absence.

Z. In the civil law. A summoning made, or notice given in the presence of witnesses.

I He detains, v. Debet et detinet; Repleviii.

I. fr. and eng. A personal actiqn ex delicto, now generally obsolete, to recover the speciflc possession of a peraonal chattel lawfully taken but wrongfully detained, or its valna,

L I. In old English law. To draw, or drag; to draw or drag a convict to the gallows or stake. Detractentur et snspendentar: they shall be drawn and hanged. Detractari et combnri: t

devaunt, devent, I fr. Before. Devant le roy en son place: before the king in his placa Devaunt nos justices: before our justices. Devant ses henres: before this time; heretofora

The waste of the property of a deceased person by his executor or administrator, v. Devastavit.

devastaverunt, I I. He or they have wasted; waste or misapplication of the assets of a decedent by an executor or administrator; a return by a sheriff, in addition to return of nul

devenir, deveigner, I fr. To come; to become; to fall to. Devenus: come.

I. I Jin old English law. They fell to; a writ directed to the escheator, where a tenant of the king, holding in capite, and his son and heir under age, died, — commanding him to I

I. I. I become. De Tenlo Tester homo: I become your man, — words in the old form of doing homaga

To take or draw away; to strip or deprive. In old English law. To take away; to deprive of, as a possession, title, or estate.

I. I In feudal law. To take away an investiture; to depriveof possession of a fee or f eu4

In the law of marine insurance, a voluntary departure, without necessity, or any reasonable cause, from the regular and usual course of the voyage insured. It comprehends unusual a

devyer, I fr. To die. Devie, devia, devy: dies, Deviont; they die.

Capable of being devised.

I Z. In old English law. To devise. Devisavit: he devised, Devisavit vel noli: did he devise or not? was there a will or not? an issue directed by a court of equity to a court of l

To give lands or hereditaments by will.

I. fr. and eng. A gift of lands or other real property, by will. V. Executory devise.

l.fr. In old English law. A boundary; a division line^ or space separating lands; a court

The person to whom lands or other real property are given by will.

A giver of lands or other real property by will

I. fr. To die. Devya: died.

I. fr. Against; towards. Derers le fyn: towards the end.

deiver, I. fr. To owe; ought Deyvent: ought

dezyner, Z. fr. A deciner; one of a decennary.

t I. Dialogue of or about the exchequer; an ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of London

I. In old English law. To say, to speak; to deliver or pronounce, as a verdict. Dicere veritatem (verum); to say or speak the trutli. V. Dictum.

I. I In old English law. A word; an expression.

pi. dicta, L I. A saying or remark; an opinion expressed by a ' judge either aside from the point to be decided, and hence said to be extra-judicial or obiter; or given without del

I In the Roman law. The notice given by a magistrate that he intended to impeach a certain citizen of a certain crime before the people on a certain day.

/. 2. He closed his last day; he died. In English law. A writ awarded out of the exchequer after the death of a crown debtor, commanding the sheriff to inquire when and where the d

I. A day. Dies datus: a day given; a day or time of respite given to a defendant; an adjournment or continuance; — partibus: a day given to the parties; an adjournment or continuan

dit, I. fr. A word; said; a saying.

dye t. In Scots law. The sitting a day-fixed for the trial of a prepared for trial.

dlseta, I. I. In old English law. a day's expenses.

?. /. In old English ally, day's journej's computed, or

difflduciare, I. I. In feudal or allegiance; to put out of allegiance 'Ul Ugurare, /. I In old English law.

In canon law. A person holding an ecclesiastical benefice or dignity, which gave him pre-eminence above mere priests and canons.

I. In the civil law. Dignity.

In English law. An honor; a title, station or distinction of honor, — a species of incorporeal hereditament, in which a person may have a property.

I. In the civil and old English law. Half. Dimidia acra: half an acre. Dimidia marca: half a mark; a demi-mark. Dimidia pars: a half part; one-half. Dimidia villa: half avill; a de

Literally, the taking apart of the stones of a building, — hence the pulling down of a building, or part of a building; the suffering of a building, or part of a building, to fall,

t In old English law. Delay, v. Sine, etc. Dilationes in lege sunt odiosse: delays in law are odious. In the civil and canon law. Time allowed a plaintiff or defendant to do a judi

I In the civil and old English law. That which delays or puts off; dilatory, v. Dilatory plea; Exceptio.

A plea which tends to delay or abate the action, but does not deny the injury, or the right of action.

1. 1 In old English law. Dies concilii: a day to hear the Dies datus in banco: a day given Pleas; a day given in bank, as prius. Dies in banco: a day or or court of Common Bench. d

Care, — of which there are infinite shades, from the slightest momentary thought, or transient glance of attention, to the most vigilant anxiety and solicitude. In the law of bailm

I. In the eivil and old English law. Diligence; care.

1. 1 In old English law. Cast out of the law's protection; outlawed; an outlaw.

dillouqnes, I. fr. Afterwards.

I. In old English law. Clear; lucid; rational.

dimidius, dimidietas, /. In old English law. Half; a half; an undivided half of a thing. Dimidium uuius acrsB: half an acre. Dimidium nnins librata;: half a pound.

Omission; imperfection or deficiency. Applied to a record from which something is omitted.

I. In old English law. To lessen or diminish; to take

deminntio, I. In the civil law. Diminution; a taking away; loss or deprivation. Diminntio capitis: loss of status or condition, v. Capitis diminutio.

1. 1. In old conveyancing, I have demised. Dimisi, concessi, et ad flrmam tradidi: have demised, granted and to farm let Dimisit: he has demised.

I. In the civil law. Letters dimissory or dismissory, commonly called apostles, v. Apostoli; Apostles.

1 1. In old English law. A lessor.

Z. In old English law. To send away; to dismiss; to part with; to let go; to release or discharge from custody; to demise. Dimittere se: to dismiss one's self; to withdraw from. v.

In ecclesiastical law. A court held by a bishop or his chancellor, with appeal to the archbishop.

In ecclesiastical law. The see of a suffragan bishop; the territorial extent of a bishop's jurisdiction. In the civil law. A civil division of the Roman empire, embracing several p

Intercourse between nations through their representatives; the rules, customs, and privileges of those representatives at foreign courts.

The art of judging of ancient charters, public documents, diplomas, etc., and discriminating the true from the falsa

derationare, disrationare, /. I. In old English law. To deraign; to prove; to disprove; to make good a defense; to clear or acquit Dirationabit jus suum hseres propinquior: the nex

Immediate; by the shortest course; by an immediate connection or relation, instead of through a medium; in the usual or regular course, order or line. v. Circumstantial; Linea rect

I. In the civil law. That which is founded on strict law, as distinguished from equity.

I. In the Roman law. OCBcers who distributed ballots to the people.

A bar to marriage which renders a marriage void ab initio, though consummated.

Incapacity to do a legal act, as from infancy, coverture, or the like. leges, cathedrals and other ecclesiastical or eleemosynary corporations from demising their lands, unless und

In English law. To release from the forest laws; to restore land converted into a forest to its former condition, v. Deafforest.

In American law. To strike the name of an attorney from the rolls. In English law. To expel a barrister from the bar.

I. I. In old English law. A conversion of wood grounds into arable or pasture; an assarting, v. Assart.

I. I. In old English law. To discharge, to unload, as a vessel. Discarcatio: a discharging or unloading of a vessel.

I. In Roman law. The argument of a cause by the advocates.

To set free or release; to dismiss or send away; to dissolve, cancel or put an end to; to unload; to take out.

A setting free; a clearing, release or delivery; an acquittance; the instrument by which a person is discharged from a debt or obligation, or an encumbrance is cancelled; the unlad

To relinquish a claim; to deny having a claim; to deny or disavow another's claim; to decline to accept an estate, interest or office.

A denial, disavowal or renunciation of a title or claim; the relinquishment or waiver of an interest or estate. Disclaimer in equity: renunciation, by answer, of all claim to the s

In Scots law. Disavowal of tenure; denial that one holds lands of another, v. Disclaimer of tenure.

To deprive commonable lands of their commonable quality, by enclosing and appropriating or improving them. v. Appropriare; Common.

A cessation, intermission, interruption or suspension; the termination of an action by the voluntary act of the plaintiff, usually by entering a Common rule for that purpose; the t

In the civil laio. A servitude which needed the act of man to be exercised; such as the right of passage, of drawing water, and the like.

11 In old English law. Uncovered; out of repair, as a church.

A counting back, from or off; an allowance or deduction made from a gross sum, on any account; the taking of interest in advance, or an allowance paid on account of the immediate a

I. fr. and eng. In old English law. Not covert; unmarried; an unmarried woman or widow.

The disclosing of a matter by a defendant, in answer to a bill in equity filed for that purpose.

To deprive of credibility; to destroy or impair credibility.

1 1 Discretion. Discretio est discernere per legem quid sit justum: discretion is to discern by the law what is just

Liberty to act according to one's own ideas of right; the liberty of adapting one's conduct to circumstances; the exercise of judgment v. Arbitrium.

In the civil law. ^ The exhausting of a remedy against a • principal debtor before proceeding against the surety.