Glossary of Technical Terms, Phrases, and Maxims of the Common Law

/. Condemned Damnosa hsereditas, /.

pi. damna, /. Damnum absque injuria, Damnum fatale (fatal The Danish magna, /. An old export duty on wool parva et nova: old duties on goods exaliens.; expense. hereafter. Cy-devan

dareyne, darraign, etc.,//-. Last; v. Continuance, Puis darrein continuance. Darrein presentment: v. Assize. Darrein seisin. An old plea for the tenant in a writ of right.

/., Dation en paiement,/r.- (Giving in payment.) A species of accord and satisfaction by transfer or assignment of property in lien of money.

In one's gift; appointed by public authority; removable at pleasure.

The days in the C. B. on which writs were returnable; V. Bank; also called common days. Days of grace: three days allowed persons summoned in the English courts for appearance, aft

The amount paid by a charterer the vessel's capacity which he does not contracted for it.

Death's part. That part fects of a decedent which by the custom went to the administrator. In Scotch law, such of his personalty as remained beyond widow and children, which the de

To discharge from being ^forest law.

The council of a bishop, tion. Dean of the Arches: the presiding who had purchased the grantor warrantwhen wardship was dlei: a writ to prevent appear in court, and of; in; at; in

debassa,/?-. Below, downwards.

I. They owe. Debet: he owes, he ought. Debet et detinet: he owes and withholds, words applied to an action of debt brought by one of the original contracting parties. If by or agai

The bonds of English public companies.

/. There ought to be an end of suits. Debet quis juri subjacere ubi delinquit: one ought to be subject to the law of the place where one offends; v. Debent.

I. A weak foundation spoils the whole work.

I. Debts. Debita fundi: debts secured upon land. Debita sequuutur personam debitoris: debts follow the person of the debtor.

/. A debtor. Debitorum pactionibus creditorum petitio nee telli nee minui potest: a claim of creditors can neither be lost nor modified through agreements made among debtors.

I. A debtor is not presumed to make a gift [to intend a conveyance as a gift].

/. Debt; a thing due or proper. Debitum et contractus sunt nu Uius loci: debt and contract are of no place [they may be enforced in any jurisdiction]. Debitum in praesenti, solvend

1. An old action having for its object the recovery of a specific sum of money; \. Debent. 2. Indebitatus assumpsit: V. Assumpsit. Debt of record: a judgment or recognizance debt.

I. He owed. Debuit

I. A dean. deanery; also, a Deoeder,//-., Decedere, person deceased.

1. An old lands lost in a real lusion. 2. An original of forgery, co Eusion, modern similar action Decern tales, I. (Ten make up a deficiency. Decenna, /. A Deceptis, non assist th

Christmas day. In Scotland, the; the 15th of May, called Whitsun- Lammas day; the 11th of November, sessions: a minor criminal court held more justices of the peace in each Eng- 40

sc. To decree.

/. It is fit, Decles tantum, I. action against a juror the amount of the

/., Disnies,/r. of church livings royal revenue. 2.

desiner, Declaration. The at law; the written called the count. made by an alien become a citizen of an act showing, or the owner holds, such act or instrument or holder.

To prepare, emnly before witnesses. Declinatory plea.

declinature. Decline: to object

Decreet, sc. Decania, decanatus: his jurisdiction, a tithing. I. To die. Decedens,;., Decedent: a judicial writ in the C. B. brought to recover action by default of the tenant thro

I., decretals. The second division of the canon law. V. Corpus juris.

An order, like a decree, made by the Court of Chancery on motion.

I. I have given. The operative word in conveyances by grant, anciently held to imply a warranty. Dedi et concessi: I have given and granted.

The appropriation of property, usually land, by the owner to public uses; as of a right of way, when a private landowner lays out a road, and it is accepted by the pubhc or public

/. To deny. Dediotum: denied.

I. A commission to take testimony. Dedimus et concessimus: we have given and granted. Dedimus potestatem was an old Enghsh writ, issuing out of Chancery, empowering the persons nam

I. He hath given and granted, v. Dedi.

A written agreement or grant, sealed and delivered; usually the term is applied only to conveyances of real estate. A deed indented is one executed in two parts, or as many parts a

A collateral deed, accompanying or annexed to another, providing that the latter is to be void upon the happening or performance of certain conditions.

I. Defect, imperfection, v. Challenge, Escheat.

//•,, Defendere, I., Defend. To deny; prohibit. Defendant, defender: the party denying, against whom an action is brought. Defendemus, I. (we will defend); a phrase in ancient gran

defensum, I. An enclosure, fenced land; a deer park.

;., Defense, /r. Defence; prohibition.

In ecclesiastical courts, the plea of the defendant stating the facts upon which he relies and to which he may have the plaintiff's answer under oath.

/. A defendant; guardian, protector; warrantor.

non potest esse hseres, I. One blood wanting, he cannot be heir.

The final judgment of an ecclesiastical court.

Deforciare, /., Deforcer, fr. To withhold wrongfully, to act m deforcement. Deforciant, deforcians, deforceor: one who deforces. Deforcement: the withholding of lands or tenements

In the canon law, we reckon by the number of steps from the person farthest from the common ancestor to him; in the civil law, we reckon by the number of steps from one person up t

I. By the grace of God. Dei judicium (the judgment of God): trial by ordeal. Deins,/r. Within. Deins age: under age.

sc. To accuse. Del bien estre.yr. De bene esse.

«7a/. Of belief or warranty. An agreement made by a factor or broker for an additional commission, to warrant the solvency of the parties to whom he sells; a kind of guaranty or su

I. Choice of the person; a term expressive of the right of a partner to have no person admitted into the partnership against bis will.

I. To delegate; assign; appoint; depute. Delegata potestas non potest delegari: a delegated authority cannot be re-delegated'. Delegatus non potest delegare: an agent (delegate) ca

now to the 84. The Court of Peculiars and has jurisdiction over Canterbury which are and subject to the Court of Arches. 85. held in the provinces of appointed by the Archbishop, m

Court of. v. Court, 87.

I., Delegation. 1. The changing of one debtor for another, by which the first is discharged and the second put in his place; a kind of novation; if the first debtor be not discharg

I. A crime, offence, fault, v. Challenge. Ex delicto: from tort or wrong, as distinguished from breach of contract.

The verdict of a jury.

1. The act by which the possession of goods is transferred, as from the seller to the buyer. It may be actual, or symbolic, as by key or bill of lading. 2. The transfer of a deed t

Eor demise, on the demise of. Demain,/r. 1. To-morrow., 2. Demesne.

veniendi, villae: v. Essoin. De manucaptione: writ of mainprise. De manutenendo: a writ of maintenance. De me: v. A me. De medietate linguae: of half-tongue, a jury half natives, h

The party suing in a real action, the plaintiff.

/. One who has lost his mind; amens: a person wholly Dementenant en avant,/r. From this time forward.

fr. 1. Lordship, seigniory. 2. Lands held absolutely, or used directly, by the lord, as distinguished from lands held by a superior lord; bordlands, not lands demised to tenants. 3

1. A conveyance for life, years, or at will. 2. Death.

Mutual leases of the same land, by which a rent-charge is effected in favor of the person not owner; the lease to him being for a nomiual rent.

I. (I have demised.) Words in a lease importing that the lessor had full power and authority.

/. A lease; a transfer. Demittere: to lease, transfer.

/. Description; designation.

The bequest of a certain sum to be paid out of a specific fund.

v. Demurrage.

/., Demorer, demurer, yr. To wait, stay; to demur.

The officer who pronounced the sentence in a Scotch court.

To wait, stay. v. Demurrer.

1. Detention of a ship by a freighter beyond the time allowed in the charter-party. 2. The allowance for such detention.

A pleading objecting that the adversary's last pleading is insufficient or bad in law, and asking judgment thereon. A special demurrer states the causes of objection. Demurrer to t

dene, dena, I. A valley, vale; a low woody hollow.

/. A penny. Denarius Dei; Denier k Dieu, fr. it was not, however, part of

An alien bom, King. He could take Denominatio est a worthy.

Any personal the immediate occasion it was formerly forfeited uses by the high from which a man fell,

A shiftmg up one defence in the

To make oath

A species of

Evidence dicial officer, in answer parte, with no adverse Depuis,/r. Since.

An agent another.

deregn; to disprove; to refute

/.; Desrener, fr. To prove;; to refuse. Moreover; again. come to an end on the happening of a conis, properly, to end by natural causes, by; abandoned, v, Abandonment. nou potest e

derchef,/r. Determine. To end, tingency; to expire limitation.

Left; deserted Derivativa potestas A derived power Dernier ressort,/r. Des,/r. Erom; of. from now henceforward. Descender, /r. To Descensus to Uit

Succession as distinguished from heir of an abator, ance from him; in made a subject by[^letters patent of the land by purchase, not inheritance. digniori, I. Denomuiation is from

I. Description of the person. Designatio unius est ezclusio alterius, I. The special mention of one is [implies] the exclusion of the other.

dessous, desouth,/r. Under; underneath; below.

dessus,/r. Above.

1. The keeping of a person against his will, or withholding property or land from another. 2. A process for the commencement of an action against a person already in custody.

To cease; to end, in the happening of a contingency, as distinguished from ezpire, to end by natural hmitation.

/. He detains, t. Debent, Replevin, Cepit.

I. An old real action for the specific recovery of a personal chattel unlawfully detained. Deus solus hseredera facere potest, non homo, /. God alone can make an heir, not man. Dev

Devastaverunt, I. (He or they have wasted.) The waste or misapplication of the assets of a decedent by the executor or administrator. On return of devastavit, a judgment debtor may