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

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

I. (I become your man.) Words used in doing homage. Devenit: comes or falls to. Devenerunt (they fell to): an old writ which directed the escheator to inquire what lands held in ca

To take away, deprive of

devyer,/r. To die. Devi, devie, etc.: dies. Devisavit vel non ? /. (Did he devise or not ?) An issue directed by a court of equity in a court of law to try the validity of a will.

A gift of real property by will. Executory devise: T. Executory.

ital. The contract between the owner, master, and mariners of a ship when all share the profits of the voyage; as in whaling or fishing voyages in New England.

I, 1. An old writ lying for the heir on the death of a tenant in capite directed to the King's escheators, to ascertain of what lands he died seised and reclaim them into the King'

;. A day. Dies amoris: a day of indulgence; v. Bay of Grace. Dies a quo: the day from which; ad queiu, to which. Dies communes in banco: common days in bank; s.Day. Dies inceptus p

dit, etc., yv*. Said; a saying. mark thrown out by the way; an assertion of law not necessary to the decision of the case.

I. A day's journey, twenty miles; a day's work.

yr. God and my right. Dieu son acte: the act of God.

the Code, and the Novels of Gratian's Decree, Gregory's De- Clementine Constitution, and the successors, v. Cioil Law, Canon Joint creditors, debtors; creditors

/., Digests, abb. Dig. The Pandects of Justinian.

An honour, a title; a species of incorporeal hereditament.

Ecclesiastical waste; waste committed or permitted on the lands or buildings of a church living. Dilationes in lege sunt odiosse, /. Delays in law are odious.

A plea which tends to delay the action, or abate this particular action without impeaching the right or denying the injury, v. Abatement, Jurisdiction, Plea.

In Scotch law, a process of execution for debt. Dillonques,/r. Prom thence after that time.

In proceedings for the reversal of judgment, if the whole record be not certified or not truly certified to the superior court, the party suing out the writ of error may allege dim

/. I have demised; v. Demisi. Dimisi, concessi, et ad firmam tradidi: I have demised, granted, and to farm let.

I. To send away, release, let go.

The see of a bishop. Diocesan court: v. Court, 80.

Actual bars to marriage, which make it null ab initio, though consummated.

Legal incapacity or inability to do an act.

v. Deafforest.

To expel a barrister from the bar.

Setting free; acquittance, v. Charge, Plea.

A denial, abaudoment; a waiver of a claim, a refusal to accept an estate or trust. A disclaimer of tenure, made by a tenant in a suit for rent or services, forfeited his estate. In

1. The grant by a tenant in tail of a larger estate than he was entitled to, whereby the heir or reversioner was driven to his right of action and could not enter; a species of ous

One which is made up of repeated acts of man, such as that of drawing water.

I., Discovert. Uncovered; unprotected; unmarried.

Evidence given by the defendant in equity under oath in answer to the plaintiff's bill. v. Bill, I. 4. Discretio est discernere per legem quid sit justum, /. Discretion is to deter

A deed by which a tenant in tail is enabled in It must be enro Ued

To free lands from the custom of

To refuse to accept or pay a bill ornote

I. Separately; severally.

SAxass,fr. Tithes.

An unequal alliance; an unsuitableness.

sc. To grant, convey.

Wrongfully putting a man out of hold; a kind of ouster.

/. Distinctly and openly.

To take another's property in satisfaction claim; or in pledge, to enforce the performance duty. V. Distress.

The act of distraining; usually to of rent in taxes, or to enforce compensation the trespassing of cattle. Distress infinite ited as to quantity, which may be repeated until satisf

The division of the personal tate among his next of kin. In England, Distributions are the 22 & 23 Car. II. Car. II. c. 3.

There is one or more district in every State, for which a District Judge is appointed. These courts are the lowest of the United States courts, and have original jurisdiction of ce

v. Cmrt, 106.