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A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z D.E NOVO . Anew. afresh. When a judgment upon an issue in part is reversed on error, for some mistake made by the court DAM . A construction of wood, stone, or other materials, made across a stream of water for the purpose of confinin DAMAGE , torts. The loss caused by one person to another, or to his property, either with the design of injuring him, DAMAGE FEASANT , torts. This is a corruption of the French words faisant dommage, and signifies doing damage. This term is us DAMAGED GOODS . In the language of the customs, are goods subject to duties, which have received some injury either in the v DAMAGES , practice. The indemnity given by law, to be recovered from a wrong doer by the person who has sustained an i DAMAGES INADEQUATE . Such as are unreasonably low, and less than is required by law. 2. Damages are inadequate, when the plaintif DAMAGES ON BILLS OF EXCHANGE , contracts. A penalty affixed by law to the non-payment of a bill of exchange when it is not paid at maturity DAMAGES, DOUBLE or TREBLE , practice. In cases where a statute gives a party double or treble damages, the jury are to find single damag DAMAGES, EXCESSIVE . Such damages as are unreasonably great, and not warranted by law. 2. The damages are excessive in the follow DAMAGES, GENERAL , torts. General damages are such as the law implies to have accrued from the act of a tort-feasor. To call a DAMAGES, LAYING , pleading. In personal and mixed actions, (but not in penal actions, for obvious reason,) the declaration mus DAMAGES, LIQUIDATED , contracts. When the parties to a contract stipulate for the payment of a certain su, as a satisfaction fixed DAMAGES, SPECIAL , pleading. As distinguished from the gist of the action, signify that special damage which is stated to resul DAMAGES, SPECIAL , torts. Special damages are such as are in fact sustained, and are not implied by law; these are either super DAMAGES, UNLIQUIDATED . The unascertained amount which is due to a person by another for an injury to the person, property, or relat DAMNIFICATION . That which causes a loss or damage to a society, or to one who has indemnified another. For example, when a DAMNIFY . To cause damage, injury or loss. DAMNOSA HAEREDITAS . A name given by Lord Kenyon to that species of property of a bankrupt, which, so far from being valuable, wo DAMNUM ABSQUE INJURIA . A loss or damage without injury. 2. There are cases when the act of one man may cause a damage or loss to a DAMNUM FATALE , civil law. Damages caused by a fortuitous event, or inevitable accident; damages arising from the act of God DANE-LAGE , Eng. law. That system of laws which was maintained in England while the Danes had possession of the country. DANGERS OF THE SEA , mar. law. This phrase is sometimes put in bills of lading, the master of the ship agreeing to deliver the go DARREIN . A corruption of the French word "dernier," the last. It is sometimes used as, "darrein continuance," the las DARREIN SEISIN . The name of a plea to a writ of entry or a writ of right. 3 Met. 175. DATE . The designation or indication in an instrument of writing, of the time, and usually of the time and place, w DATION , civil law, contracts. The act of giving something. It differs from donation, which is a gift; dation, on the DATION EN PAIEMFNT , civil law. This term is used in Louisiana; it signifies that, when instead of paying a sum of money due on a DATIVE . That which may be given or disposed of at will and pleasure. It sometimes means that which is not cast upon DAUGHTER . An immediate female descendant. See Son. DAUGHTER-IN-LAW . In Latin, nurus, is the wife of one's son. DAY . A division of time. It is natural, and then it consists of twenty-four hours, or the space of time which ela DAY BOOK , mer. law. An account book, in which merchants and others make entries of their daily transactions. This is g DAY RULE, or DAY WRIT , English practice. A rule or order of the court, by which a prisoner on civil process, and not committed, is DAYS IN BANK , Eng. practice. Days of appearance in the court of common pleas, usually called bancum. They are at the dista DAYS OF GRACE . Certain days after the time limited by the bill or note, which the acceptor or drawer has a right to demand DAYS OF THE WEEK . These are Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday. See Week. 2. The court will take j DE . A preposition used in many Latin phrases - as, de bone esse, de bonis non. DE ARBITRATIONE FACTA, WRIT . In the ancient English law, when an action was brought for the same cause of action which had been before se DE BENE ESSE , practice. A technical phrase applied to certain proceedings which are deemed to be well done for the present DE BONIS NON . This phrase is used in cases where the goods of a deceased person have not all been administered. When an ex DE BONIS PROPRIIS . Of his own goods. When an executor or administrator has been guilty of a devastavit, (q. v.) he is responsib DE CONTUMACE CAPIENDO . The name of a writ issued for the arrest of a defendant who is in contempt of the ecclesiastical court. 1 Ne DE DOMO REPARANDA . The name of an ancient common law writ, by which one tenant in common might compel his co-tenant to concur i DE DONIS, STATUTE . The name of an English statute passed the 13 Edwd. I. c. 1, the real design of which was to introduce perpet DE FACTO , i. e. in deed. A term used to denote a thing actually done; a president of the United States de facto is one DE FORCIANT . One who wrongfully keeps the owner of lands and tenements out of the possession of them. 2 Bl. Com. 350. DE HOMINE REPLEGIANDO . The name of a writ which is used to replevy a man out of prison, or out of the custody of a private person. DE INJURIA , pleading. The name of a replication in an action for a tort, that the defendant committed the trespasses or DE JUDAISMO, STATUTUM . The name of a statute passed in the reign of Edw. I., which enacted severe and absurd penalties against the DE JURE , by right. Vide De facto. DE LUNATICO INQUIRENDO . The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the part DE MEDIETATE LINGUAE . Of half tongue. Vide Medietas linguae. DE MELIORIBUS DAMNIS . Of the better damages. When a plaintiff has sued several defendants, and the damages have been assessed seve DE MERCATORIBUS . This is the name of a statute passed in the 11 Edw. I.; it is usually called the statute of Acton Burnell De DE NOVI OPERIS NUNCIATIONE , Civil law. Where a thiug is intended to be done against another man's right, the party aggrieved may have in DE ODIO ET ATIA . These words sisignify "from hatred and ill will." When a person was committed on a charge of a crime, from s DE PARTITIONE FACIENDA . The name of a writ for making partition. Vide Partition. DE PROPRIETATE PROBANDA , Eng. Practice. The name of a writ which issues in a case of replevin when the defendant claims property in t DE QUOTA LITIS . The name of a part or contract, in the civil law, by which one who has a claim difficult to recover, agrees DE REPARATIONE FACIENDA . The name of a writ which lies by one tenant in common against the other, to cause him to aid in repairing th DE RETORNO HABENDO The name of a writ issued after a judgment has been given in replevin, that the defendant should have a return DE SON TORT . Of his own wrong. This term is usually applied to a person who, having no right to meddle with the affairs o DE SON TORT DEMESNE , Of his own wrong, pleading. The name of a replication in an action for a wrong or injury. When the defendant DE UNA PARTE . A deed de una parte, is one where only one party grants, gives, or binds himself to do.a thing to another. I DE WARRANTIA DIEI, WRIT , Eng. law. Where a man is required to appear on a certain day in person, and before that day the king certifi DEACON , Eccl. law. A minister or servant in the church whose office, in some churches, is to assist the priest in di DEAD Something which has no life; figuratively, something of no value. DEAD BODY , crim. law. A corpse. 2. To take up a dead body without lawful authority, even for the purposes of dissection DEAD FREIGHT , contracts. When the charterer of a vessel has shipped part of the goods on board, and is not ready to ship t DEAD LETTERS . Those which remain in the post-office, uncalled for. By the Act of March 8, 1825, 3 Story. L. U. S. 1993, it DEAD MAN'S PART , English law. By the custom of London, when a deceased freeman of the city left a widow and children, after d DEAD-BORN , descent, persons. Children dead-born are considered, in law, as if they had never been conceived, so that no DEAD-PLEDGE . A mortgage of lands or goods - mortuum vadium. DEAF AND DUMB . No definition is requisite, as the words are sufficiently known. A person deaf and dumb is doli capax but wi DEAF, DUMB, AND BLIND . A man born deaf, dumb, and blind, is considered an idiot. (q. v.) 1 Bl. Com. 304; F. N. B. 233; 2 Bouv. Inst DEALINGS . Traffic, trade; the transaction of business between two or more persons. 2. The English statute 6 Geo. IV. c DEAN , eccl. law. An ecelesiastictl officer, who derives his name from the fact that he presides over ten canons, o DEATH , med. jur., crim. law, evidence. The cessation of life. 2. It is either natural, as when it happens in the us DEATH BED , Scotch law. The incapacity to exercise the power of disposing of one's property after being attacked with a DEATH BED OR DYING DECLARATIONS . In cases of homicide, those which are made in extremis, when the person making them is conscious of his dang DEATH'S PART , English law. That portion of the personal estate of a deceased man which remained after his wife and childre DEBATE , legislation, practice. A contestation between two or more persons, in which they take different sides of a q DEBENTURE . A certificate given, in pursuance of law, by the collector of a port of entry, for a certain sum, due by the DEBET ET DETINET , pleading. He owes and detains. In an action of.debt, the form of the writ is either in the debet and detinet DEBIT , accounts, commerce. A term used in book-keeping, to express the left-hand page of the ledger, to which are c DEBITUM IN PRAESENTI, SOLVENDUM IN FUTURO . A debt due at present, to be paid in future. There is a difference between debt payable now and one payable DEBT , contracts. A sum of money due by certain and express agreement. 3 Bl. Com. 154. In a less technical sense, a DEBT , remedies. The name of an action used for the recovery of a debt eo nomine and in numero though damages are g DEBTEE . One to whom a debt is due a creditor, as, debtee executor. 3 Bl. Com. 18. DEBTOR , contracts. One who owes a debt; he who may be constrained to pay what he owes. 2. A debtor is bound to pay h DECAPITATION , punishment. The punishment of putting a person to death by taking off his head. DECEDENT . In the acts of descent and distribution in Pennsylvania, this word is frequently used for a deceased person, DECEIT , tort. A fraudulent. misrepresentation or contrivance, by which one man deceives another, who has no means of DECEM TALES , practice. In the English law this is a writ which gives to the sheriff apponere decem tales; i. e. to appoin DECENNARY , Eng. law. A town or tithing, consisting originally of ten families of freeholders. Ten tithings composed a h DECIES TANTUM , Eng. law. The name of an obsolete writ which formerly lay against a juror who had taken money for giving his DECIME . A French coin, of the value of a tenth part of a franc, or nearly two cents. DECISION , practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on DECLARANT . One who makes a declaration. Vide Declarationis. DECLARATION , pleading. A declaration is a specification, in a methodical and logical form, of the circumstances which con DECLARATION OF INDEPENDENCE . This is a state paper issued by the congress of the United States of America, in the name and by the authori DECLARATION OF lNTENTION . The act of an alien, who goes before a court of record, and in a forma manner declares that it is, bona fide DECLARATION OF TRUST . The act by which an individual acknowledges that a property, the title of which he holds, does in fact belon DECLARATION OF WAR . An act of the national legislature, in which a state of war is declared to exist between the United States a DECLARATIONS , evidence. The statements made by the parties to a transaction, in relation to the same. 2. These declaration DECLARATORY . Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute, whi DECMATION . The punishment of every tenth soldier by lot, was, among the Romans, called decimation. DECOCTION , med. jurisp. The operation of boiling certain ingredients in a fluid, for the purpose of extracting the part DECONFES , canon law in France. Formerly those persons who died without confession were so called; whether they refused DECORUM . Proper behaviour; good order. 2. Decorum is requisite in public places, in order to permit all persons to en DECOY . A pond used for the breeding and maintenance of water-fowl. 11 Mod. 74, 130; S. C. 3 Salk. 9; Holt, 14 11 Ea DECREE , legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have t DECREE , practice. The judgment or sentence of a court of equity. 2. It is either interlocutory or final. The former DECREE ARBITRAL , Scotch law. A decree made by arbitrators chosen by the parties; an award. 1 Bell's Com. 643. DECREE OF REGISTRATION , Scotch law. A proceeding by which the creditor has immediate execution; it is somewhat like a warrant of att DECRETAL ORDER . Chancery practice. An order made by the court of chancery, upon a motion or petition, in the nature of a dec DECRETALS . eccles. law. The decretals are canononical epistles, written by the pope alone, or by the pope and cardinals DEDI , conveyancing. I have given. This word amounts to a warranty in law, when it is in a deed; for example, if in DEDICATION . Solemn appropriation. It may be expressed or implied. 2. An express dedication of property to public use is DEDIMUS , practice. The name of a writ to commission private. persons to do some act in the place of a judge; as, to a DEDIMUS POTESTATEM DE ATTORNO FACIENCDO . The name of a writ which was formerly issued by authority of the crown in England to authorize an attorney t DEED , conveyancing, contracts. A writing or instrument, under seal, containing some contract or agreement, and whi DEED POLL , contracts. A deed made by one party only is not indented, but polled or shaved quite even, and is, for this DEFALCATION , practice, contracts. The reduction of the claim of one of the contracting parties against the other, by dedu DEFAMATION , tort. The speaking slanderous words of a person so as, de bona fama aliquid detrahere, to hurt his good fame DEFANDANT , practice. The plaintiff or party who brings a real action, is called the demandant. Co. Litt. 127; 1 Com. Di DEFAULT , contracts, torts. By the 4th section of the English statute of frauds, 29 Car. H., c. 3, it is enacted that DEFAULT . The neglect to perform a legal obligation or duty; but in technical language by default is often understood DEFAULTER , com. law. One who is deficient in his accounts, or falls in making his accounts correct. DEFEASANCE , contracts, conveyancing. An instrument which defeats the force or operation of some other deed or estate. Th DEFEASIBLE . What may be undone or annulled. DEFECT . The want of something required by law. 2. It is a general rule that pleadings shall have these two requisite DEFENCE , pleading, practice. It is defined to be the denial of the truth or validity of the complaint, and does not s DEFENCE , torts. A forcible resistance of an attack by force. 2. A man is justified, in defending his person, that of DEFENDANT . A party who is sued in a personal action. Vide Demandant; Par- ties to Actions; Pursuer; and Com. Dig. Abate DEFENDANT IN ERROR . A party against whom a writ of error is sued out. DEFENDER , canon law. The name by which the defendant or respondent is known in the ecclesiastical courts. DEFENSIVE ALLEGATION . The defence or mode of propounding a defence in the spiritual courts, is so called. DEFICIT . This Latin term signifies that something is wanting. It is used to express the deficiency which is discovere DEFINITE NUMBER . An ascertained number; the term is usually applied in opposition to an indefinite number. 2. When there is a DEFINITION . An enumerition of the principal ideas of which a compound idea is formed, to ascertain and explain its natur DEFINITIVE . That which terminates a suit a definitive sentence or judgment is put in opposition to an interlocutory judg DEFLORATION . The act by which a woman is deprived of her virginity. 2. When this is done unlawfully, and against her will DEFORCEMENT , Scotch law. The opposition given, or resistance made, to messengers or other officers, while they are employ DEFORCEMENT , tort. In its most extensive sense it signifies the holding of any lands or tenements to which another person DEFORCIARE . To withhold lands or tenements from the right owner. This is a word of art which cannot be supplied by any o DEFUNCT . A term used for one that is deceased or dead. In some acts of assembly in Pennsylvania, such deceased person DEGRADATION , punishment, ecclesiastical law. A censure by which a clergy man is deprived of his holy orders, which he had DEGREE , descents. This word is derived from the French degre, which is itself taken from the Latin gradus, and signi DEGREE , measures. In angular measures, a degree is equal to sixty minutes, or the thirtieth part of a sine. Vide Mea DEGREE , persons. By. degree, is understood the state or condition of a person. The ancient English statute of additi DEGREES , academical. Marks of distinction conferred on students, in testimony of their proficiency in arts and scienc DEHORS . Out of; without. By this word is understood something out of the record, agreement, will, or other thing spo DEI JUDICIUM . The judgment of God. This name was given to the barbarous and superstitious trial by ordeal. DEL CREDERE , contracts. A del credere commission is one under which the agent, in consideration of an additional premium, DELAWARE . The name of one of the original states of the United States of America. For a time the counties of this stat DELAY , civil law. The time allowed either by law or by agreement of the parties to do something. 2. The law allows DELECTUS PERSONAE . This phrase, which literally signifies the choice of a person, is applied to show that partners have the rig DELEGATE . A person elected by the people of a territory of the United States, to congress, who has a seat in congress, DELEGATION , civil law. It is a kind of novation, (q. v.) by which the original debtor, in order to be liberated from his DELEGATION , contracts. The transfer of authority from one or more persons to one or more others. 2. In general, all pers DELEGATION , legislation. It signifies the whole number of the persons who represent a district, a state, and the like, i DELIBERATION , contracts, crimes. The act of the understanding, by which the party examines whether a thing proposed ought DELIBERATION . legislation. The council which is held touching some business, in an assembly having the power to act in rel DELICT , civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In DELINQUENT , civil law. He who has been guilty of some crime, offence or failure of duty. DELIRIUM , med.jur. A disease of the mind produced by inflammations, particularly in fevers, and other bodily diseases. DELIRIUM TREMENS , med. jur. A species of insanity which has obtained this name, in consequence of the tremor experienced by th DELIVERANCE , Practice. A term used by the clerk in court to every prisoner who is arraigned and pleads not guilty to whom DELIVERY , child-birth, med. jur. The act of a woman giving birth to her offspring. 2. It is frequently of great import DELIVERY , contracts. The transmitting the possession of a thing from one person into the power and possession of anoth DELIVERY , conveyancing. The transferring of a deed from the grantor to the grantee, in such a manner as to deprive him DELUSION , med. jurisp. A diseased state of the mind, in which persons believe things to exist, which exist only, or in DEMAND , contracts. A claim; a legal obligation. 2. Lord Coke says, that demand is a word of art, and of an extent, i DEMAND , practice. A requisition or a request by one individual to another to do a particular thing. 2. Demands are e DEMAND IN RECONVENTION . In Louisiana, this term is used to signify the demand which the defendant institutes in consequence of that DEMENCY , dementia, med. jur. A defect, hebetude, or imbecility of the under standing, general or partial, but confine DEMESNE , Eng. law. The name given to that portion of the Iands of a manor which the lord retained in his own hands fo DEMESNE AS OF FEE . A man is said to be seised in his demesne as of fee of a corporeal inheritance, because he has a property do DEMIDIETAS . This word is used in ancient records for a moiety, or one half. DEMIES. In some universities and colleges th DEMISE , contracts. In its most extended signification, it is a conveyance either in fee, for life, or for years. In DEMISE , persons. A term nearly synonymous with death. It is usually applied in England to the death of the king or q DEMOCRACY , government. That form of government in which the sovereign power is exercised by the people in a body, as wa DEMONSTRATION . Whatever is said or written to designate a thing or person. For example, a gift of so much money, with a fun DEMURRAGE , mar. law. The freighter of a ship is bound not to detain it, beyond the stipulated or usual time, to load, o DEMURRER . (From the Latin demorari, or old French demorrer, to wait or stay.) In pleading, imports, according to its e DEMURRER BOOK Eng. law. When an issue in law is formed, a transcript is made upon paper of all the pleadings that have been DEMY SANKE or SANGUE . This is a barbarous corruption of, demi sang, half-blood. (q. v.) DENARII . An ancient general term for any sort of pecunia numerata, or ready money. The French use the word denier in DENARIUS DEI . A term used in some countries to signify a certain sum of money which is given by one of the contracting par DENIAL , pleading. To traverse the statement of the opposite party a defence. See Defence; Traverse. DENIER A DIEU , French law. It is a sum of money which the hirer of a thing gives to the other party as evidence, or for the DENIZATION , Eng. law.. The act by which a foreigner becomes a subject of England; but he has not the rights either of a DENIZEN , English law. An alien born, who has obtained, ex donatione legis, letters patent to make him au English subj DENUNCIATION , crim. law. This term is used by the civilians to signify the act by which au individual informs a public off DEODAND , English law. This word is derived from Deo dandum, to be given to God; and is used to designate the instrume DEPARTMENT . A portion of a country. In France, the country is divided into departments, which are somewhat similar to th DEPARTMENT OF STATE , government. The laws of the United States provide that there shall be an executive department, denominated t DEPARTMENT OF THE NAVY , government. The Act of April 80, 1798, 1 Story's Laws, 498, establishes an executive department, under the d DEPARTMENT OF THE TREASURY OF THE UNITED STATES , government. The department of the treasury is constituted of the following officers, namely: the secretary o DEPARTMENT OF WAR , government. The act of August 7, 1789, 1 Story's Laws, 31, creates an executive department, to be denominate DEPARTURE , maritime law. A deviation from the course of the voyage insured. 2. A departure is justifiable or not justif DEPARTURE , pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and h DEPENDENCY . A territory distinct from the country in which the supreme sovereign, power resides, but belonging rightfull DEPENDENT CONTRACT . One which it is not the duty of the contractor to perform, until some obligation contained in the same agree DEPONENT , witness. One who gives information, on oath or affirmation, respecting some facts known to him, before a mag DEPOPULATION . In its most proper signification, is the destruction of the people of a country or place. This word is, howe DEPORTATION , civil law. Among the Romans a perpetual banishment, depriving the banished of his rights as a citizen; it di DEPOSIT , contracts. Usually defined to be a naked bailment of goods to be kept for the bailor, without reward, and to DEPOSITARY , contracts. He with whom a deposit is confided or made. 2. It is, the essence of the contract of deposits tha DEPOSITION , eccl. law. The act of depriving a clergyman, by a competent tribunal, of his clerical orders, to punish him DEPOSITION , evidence. The testimony of a witness reduced to writing, in due form of law, taken by virtue of a commission DEPOSITOR , contracts. He who makes a deposit. 2. He is generally entitled to receive the deposit from the depositary, b DEPREDATION , French law. The pillage which is made of the goods of a decedent. Ferr. Mod. h. t. DEPRIVATION , ecclesiastical Punishment. A censure by which a clergyman is deprived of his parsonage, vicarage, or other e DEPUTY . One authorized by an officer to exercise the office or right which the officer possesses, for and in place o DEPUTY DISTRICT ATTORNEYS . The Act of Congress of March 3, 1815, 2 Story L. U. S. 1530, authorizes and directs the district attorneys o DEPUTY OF THE ATTORNEY GENERAL . An officer appointed by the attorney general, who is to hold his office during the pleasure of the latter, a DERELICT , common law. This term is applied in the common law in a different sense from what it bears in the civil law. DERELICTO , civil law. Goods voluntarily abandoned by their owner; he must, however, leave them, not only sine spe rever DERIVATIVE . Coming from another; taken from something preceding, secondary; as derivative title, which is that acquired DERIVATIVE POWER . An authority by which one person enables another to do an act for him. See Powers. DEROGATION , civil law. The partial abrogation of a law; to derogate from a law is to enact something which is contrary t DESCENDANTS . Those who have issued from an individual, and include his children, grandchildren, and their children to the DESCENDER . In the descent; as formedon in the descender. Bac. Ab. Formedon, A 1. Vide Formedon. DESCENT . Hereditary succession. Descent is the title, whereby a person, upon the death of his ancestor, acquires the DESCRIPTIO PERSONAE . Description of the person. In wills, it frequently happens, that the word heir is used as a descriptio perso DESCRIPTION . A written account of the state and condition of personal property, titles, papers, and the like. It is a kin DESERTER . One who abandons his post; as, a soldier who abandons the public service without leave; or a sailor who aban DESERTION , crim. law. An offence which consists in the abandonment of the public service, in the army or navy, without DESERTION , torts. The act by which a man abandons his wife and children, or either of them. 2. On proof of desertion, t DESERTION OF SEAMEN , contracts. The abandonment, by a sailor, of a ship or vessel, in which he engaged to perform a voyage, befor DESERTION, MALICIOUS . The act of a hushand or wife, in leaving a consort, without just cause, for the purpose of causing a perpetu DESIGNATIO PERSONAE . The persons described in a contract as being parties to it. 2. In all contracts, under seal, there must be s DESIGNATION , wills. The expression used by a testator, instead of the name of the person or the thing he is desirous to n DESPACHEURS . The name given, in some countries, to persons appointed to settle cases of average. Ord. Hamh. t. 21, art. 1 DESPATCHES . Official communications of official Persons, on the affairs of government. 2. In general, the bearer of desp DESPERATE . Of which there is no hope. 2. This term is used frequently, in making an inventory of a decedent's effects, DESPITUS . This word signifies, in our ancient law books, a contemptible person. Flet. lib. 4, c. 5, ?4. The English wo DESPOT . This word, in its most simple and original acceptation, signifies master and supreme lord; it is synonymous DESPOTISM , government. That abuse of government, where the sovereign power is not divided, but united in the hands of a DESRENABLE , Law French. Unreasonable. Britt. c. 121. DESTINATION , com. law. The port at which a ship is to end her voyage is called her port of destination. Pard. n. 600. DESTINATION . The application which the testator directs shall be made of the legacy he gives; for example, when a testato DESUETUDE . This term is applied to laws which have become obsolete. (q.v.) DETAINER . 1. The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of t DETENTION . The act of retaining a person or property, and preventing the removal of such person or property. 2. The det DETERMINABLE . What may come to an end, by the happening of a contingency; as a determnable fee. See 2 Bouv. Inst. n. 1695. DETERMINABLE FEE . Also called a qualified or base fee, is one which has a quality subjoined to it, and which must be determine DETERMINATE . That which is ascertained; what is particularly designated; as, if I sell you my horse Napoleon, the article DETERMINATION . The end, the conclusion, of a right or authority; as, the determination of a lease. 1 Com. Dig. Estates by G DETINET . He detains. Vide Debet et Detinet, and Detinuit. DETINUE , remedies. The name of an action for the recovery of a personal chattel in specie. 3 Bl. Com. 152; 3 Bouv. In DETINUIT , practice. He detained. 2. Where an action of replevin is instituted for goods which the defendant had taken, DEVASTAVIT . A devastavit is a mis-management and waste by an executor, administrator, or other trustee of the estate and DEVIATION , contracts. When a plan has been adopted for a building, and in the progress of the work a change has been ma DEVIATION , insurance, contracts. A voluntary departure, without necessity, or any reasonable cause, from the regular an DEVISAVIT VEL NON , practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction DEVISE . A devise is a disposition of real property by a person's last will and testament, to tale effect after the t DEVISEE . A person to whom a devise has been made. 2. All persons who are in rerum natura, and even embryos, may be de DEVISOR . A testator; one, who devises his real estate. 2. As a general rule all persons who. may sell an estate may d DEVOIR . Duty. It is used in the statute of 2 Ric. II., c. 3, in the sense of duties or customs. DEVOLUTION , eccl. law. The transfer, by forfeiture, of a right and power which a person has to another, on account of so DI COLONNA, mar. contracts. This contract tales place between the owner of a ship, the captain and the mariners, who agree DICTATOR , civil law. A Magistrate at Rome invested with absolute power. His authority over the lives and fortunes of t DICTUM , practice. Dicta are judicial opinions expressed by the judges on points that do not necessarily arise in the DIES . A day. There are four sorts of days: 1. A natural day; as, the morning and the evening made the first day. 2 DIES DATUS , practice. A day or time given to a defendant in a suit, which is in fact a continuance of the cause. It is s DIES NON or DIES NON JURIDICI . Non-judicial days. Days during which courts do not transact any business, as Sunday. The entry of judgment u DIET . An assembly held by persons having authority to manage the public affairs of the nation. In Germany, such as DIFFERENCE . A dispute, contest, disagreement, quarrel. DIGEST , civil law. The name sometimes given to the Pandects of Justinian; it is so called because this compilation i DIGNITIES . English law. Titles of honor. 2. They are considered as incorporeal hereditaments. 3. The genius of our gove DILAPIDATION . Literally, this signifies the injury done to a building by taking stones from it; but in its figurative, whi DILATORY . That which is intended for delay. It is a maxim, that delays in law are odious, dilationes in lege sunt odio DILATORY DEFENCE . chancery practice. A dilatory defence is one, the object of which is to dismiss, suspend, or obstruct the su DILATORY PLEAS . Those which delay the plaintiff's remedy, by questioning, not the cause of action, but the propriety of the DILIGENCE , contracts. The doing things in proper time. 2. It may be divided into three degrees, namely: ordinary dilige DILIGENCE . In Scotland, there are certain forms of law, whereby a creditor endeavors to make good his payment, either b DIME , money. A silver coin of the United States, of the value of one-tenth part of a dollar or ten cents. 2. It we DIMINUTION OF THE RECORD , practice. This phrase signifies that the record from an inferior court, sent up to a superior, is incomplete DIPLOMA . An instrument of writing, executed by, a corporation or society, certifying that a certain person therein na DIPLOMACY ., The science which treats of the relations and interests of nations with nations. DIPLOMATIC AGENTS . This name has been given to public officers, who have been commissioned, according to law, to superintend an DIPLOMATICS . The art of judging of ancient charters, public documents or diplomas, and discriminating the true from the f DIRECT . Straight forward; not collateral. 2. The direct line of descents for example, is formed by a series of degre DIRECTION , practice. That part of a bill in chancery which contains the address of the bill to the court; this must of DIRECTION . The order and government of an institution; the persons who compose the board of directors are jointly calle DIRECTOR OF THE MINT . An officer whose duties are prescribed by the Act of Congress of January 18, 18 37, 4 Sharsw. Cont. of Story DIRECTORY . That which points out a thing or course of proceeding; for example, a directory law. DIRIMANT IMPEDIMENTS , canon law. Those bars to a marriage, which, if consummated, render it null. They differ from prohibitive imp DISABILITY . The want of legal capacity to do a thing. 2. Persons may be under disability, 1. To make contracts. 2. To br DISAFFIRMANCE . The act by which a person who has entered into a voidable contract; as, for example, an infant, does disagre DISBURSEMENT . Literally, to take money out of a purse. Figuratively, to pay out money; to expend money; and some times it DISCHARGE , practice. The act by which a person in confinement, under some legal process, or held on an accusation of so DISCHARGE OF A CONTRACT . The act of making a contract or agreement null. 2. Contracts may be discharged by, 1. Payment. 2. Accord and DISCHARGE OF A JURY , practice. The dismissal of a jury who had been charged with the trial of a cause. 2. Questions frequently ar DISCHARGED . Released, or liberated from custody. It is not equivalent to acquitted in a declaration for a malicious pros DISCLAIMER , chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the DISCLAIMER , estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him. Vide DISCLAIMER . This word signifies. to abandon, to renounce; also the act by which the renunciation is made. For example, a DISCONTINUANCE , estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by whi DISCONTINUANCE , pleading. A chasm or interruption in the pleading. 2. It is a rule, that every pleading, must be an answer t DISCONTINUANCE , practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not contin DISCOUNT , contracts. An allowance made upon prompt payment in the purchase of goods; it is also the interest allowed i DISCOUNT , practice. A set off, or defalcation in an action. Vin. Ab. h. t. DISCOVERT . Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matri DISCOVERY , intern. law. The act of finding an unknown country. 2. The nations of Europe adopted the principle, that the DISCOVERY , practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against DISCOVERY ; rights. The patent laws of the United States use this word as synonymous with invention or improvement of Ju DISCREPANCY . A difference between one thing and another, between one writing and another; a variance. (q. v.) 2. Discrepa DISCRETION , crim. law. The ability to know and distinguish between good and evil; between what is lawful and what is unl DISCRETION , practice. When it is said that something is left to the discretion of a judge, it signifies that he ought to DISCRETIONARY TRUSTS . Those which cannot be duly administered without the application of a certain degree of prudence and judgment DISCUSSION , civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made lia DISFRANCHISEMENT . The act of depriving a member of a corporation of his right as such, by expulsion. 1 Bouv. Inst. n. 192. 2. DISGRACE . Ignominy, shame, dishonor. No witness is required to disgrace himself. 13 How. St. Tr. 17, 334; 16 How. St. DISHERISON . Disinheritance; depriving one of an inheritance. Obsolete. Vide Disinherison. DISHERITOR . One who disinherits, or puts another out of his freehold. Obsolete. DISINHERISON , civil law. The act of depriving a forced heir of the inheritance which the law gives him. 2. In Louisiana, f DISINHERITANCE . The act by which a person deprives his heir of an inheritance, who, without such act, would inherit. 2. By t DISINTERESTED WITNESS . One who has no interest in the cause or matter in is-sue, and who is lawfully competent to testify. 2. In No DISJUNCTIVE TERM . One which is placed between two contraries, by the affirming of one of which, the other is taken away: it is DISMES . Another name for tithes. Dime, (q. v.) a piece of federal money, is sometimes improperly written disme. DISOBEDIENCE . The want of submission to the orders of a superior. 2. In the army, disobedience is a misdemeanor. 3. For di DISORDERLY HOUSE , crim. law. A house, the inmates of which believe so badly as to become a nuisance to the neighborhood. 2. Th DISPARAGEMENT . An injury by union or comparison with some person or thing of inferior rank or excellence; as, while the inf DISPENSATION . A relaxation of law for the benefit or advantage of an individual. In the United States, no power exists, ex DISPOSITION , French law. This word has several accept-ations; sometimes it signifies the effective marks of the will of s DISSEISED pleading. This is a word with a technical meaning, which, when inserted in an indictment for forcible entry an DISSEISEE , torts. One who is wrongfully put out of possession of his lands. DISSEISIN , torts. The privation of seisin. It takes the seisin or estate from one man and places it in another. It is a DISSEISOR , torts. One who puts another out of the possession of his lands wrongfully. DISSENT , contracts. A disagreement to something which has been done. It is express or implied. 2. The law presumes th DISSOLUTION , contracts. The dissolution of a contract, is the annulling its effects between the contracting parties. 2. T DISSOLUTION , practice. The act of rendering a legal proceeding null, or changing its character; as, a foreign attachment DISTRACTED PERSON , This term is used in the statutes of Illinois; Rev. Laws of Ill. 1833, p. 332; and New Hampshire; Dig. Laws DISTRAINOR . One who makes a distress of goods and chattels to enforce some right. DISTRESS , remedies. A distress is defined to be, the taking of a personal chattel, without legal process, from the pos DISTRESS INFINITE , English practice. A process commanding the sheriff to distrain a person from time to time, and continually a DISTRIBUTION . By this term is understood the division of an intestate's estate according to law. 2. The English statute of DISTRIBUTIVE JUSTICE . That virtue, whose object it is to distribute rewards and punishments to every one according to his merits o DISTRICT . A certain portion of the country, separated from the rest for some special purposes. The United States are d DISTRICT ATTORNEYS OF THE UNITED STATES . There shall be appointed, in each judicial district, a meet person, learned in the law, to act as attorney o DISTRICT COURT . The name of one of the courts of the United States. It is held by a judge, called the district judge. Severa DISTRICT OF COLUMBIA . The name of a district of country, ten miles square, situate between the states of Maryland and Virginia, ov DISTRINGAS , remedies. A writ directed to the sheriff, commanding him to distrain one of his goods and chattels, to enfor DISTURBANCE , torts. A wrong done to an incorporeal hereditament, by hindering or disquieting the owner in the enjoyment o DIVIDEND . A portion of the principal, or profits, divided among several owners of a thing. 2. The term is usually appl DIVISIBLE . The susceptibility of being divided. 2. A contract cannot, in general, be divided in such a manner that an a DIVISION , Eng. law. A particular and ascertained part of a county. In Lincolnshire, division means what riding does in DIVISION OF OPINION . When, in a company or society, the parties having a right to vote are so divided that there is not a plurali DIVORCE . The dissolution of a marriage contracted between a man and a woman, by the judgment of a court of competent DOCKET , practice. A formal record of judicial proceedings. 2. The docket should contain the names of the parties, an DOCTORS COMMONS . A building in London used for a college of civilians. Here the judge of the court of arches, the judge of th DOCUMENTS , evidence. The deeds, agreements, title papers, letters, receipts, and other written instruments used to prov DOG . A well known domestic animal. In almost all languages this word is, a term or name of contumely or reproach. DOGMA , civil law. This word is used in the first chapter, first section, of the second Novel, and signifies an ordi DOLI CAPAX . Capable of deceit, mischief, having knowledge of right and wrong. See Discretion; Criminal law, 2. DOLLAR , money. A silver coin of the United States of the value of one hundred cents, or tenth part of an eagle. 2. I DOLUS , civil law. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1; Code, 2, 21. 2. Do DOMAIN . It signifies sometimes, dominion, territory governed - sometimes, possession, estate - and sometimes, land a DOME-BOOK, DOOM-BOOK or DOM-BEC A book in which Alfred the Great, of England, after uniting the Saxon heptarchy, collected the various customs DOMESDAY, or DOMESDAY-BOOK . An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, con DOMESTICS . Those who reside in the same house with the master they serve the term does not extend to workmen or laborer DOMICIL . The place where a person has fixed his ordinary dwelling, without a present intention of removal. 10 Mass. 4 DOMINANT . estates. In the civil law, this term is used to signify the estate to which a servitude or easement is due f DOMINION . The right of the owner of a thing to use it or dispose of it at his pleasure. See Domain; 1 White's New Coll DOMINIUM , empire, domain. It is of three kinds: 1, Directum dominium, or usufructuary dominion; dominium utile, as bet DOMITAE . Subdued, tame,. not wild; as, animals domitae, which are tame or domestic animals. DOMO REPARANDO . the name of an ancient writ in favor of a party who was in danger of being injured by the fall, of his neigh DONATIO MORTIS CAUSA , contracts, legacies. A gift in prospect of death. When a person in sickness, apprehend ing his dissolution n DONATION , contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same DONATION INTER Vivos, contracts. A contract which takes place by the mutual consent, of the giver, who divests himself of the DONEE . He to whom a gift is made, or a bequest given; one who is invested with a power to select an appointee, he i DONOR . He who makes a gift. (q. v.) DOOM . This word formerly signified a judgment. T. L. DOOR . The place of usual entrance in a house, or into a room in the house. 2. To authorize the breach of an outer DORMANT PARTNER . One who is a participant in the profits of a firm, but his name being concealed, his interest is not apparen DOT . This French word is adopted in Louisiana. It signifies the fortune, portion, or dowry, which a woman brings DOTAL PROPERTY . By the civil law, and in Louisiana, by this term is understood that property, which the wife brings to the h DOTATION , French law. The act by which the founder of a hospital, or other charity, endows it with property to fulfil DOTE , Span. law. The property which the wife gives to the hushand on account of marriage. 2. It is divided into ad DOTE ASSIGNANDO , Eng. law. The name of a writ which lay in favor of a widow, when it was found by office that the king's tena DOTE UNDE NIHIL HABET . The name of a writ of dower which a widow sues against the tenant, who bought land of her hushand in his lif DOUBLE . Twofold; as, double cost; double insurance; double plea. DOUBLE COSTS practice. According to the English law, when double costs are given by the statute, the term is not to be unde DOUBLE ENTRY . A term used among merchants to signify that books of account are kept in such a manner that they present the DOUBLE INSURANCE , contracts. Where the insured makes, two insurances on the same risk, and the same interest. 12 Mass. 214. It DOUBLE PLEA . The alleging, for one single purpose, two or more distinct grounds of defence, when one of them would be as DOUBLE VOUCHER . A common recovery is sometimes suffered with double voucher, which occurs when the person first vouched to w DOUBLE WASTE . When a tenant, bound to repair, suffers a house to be wasted, and then unlawfully fells timber to repair it, DOUBT . The uncertainty which exists in relation to a fact, a proposition, or other thing; or it is an equipoise of DOVE . The name of a well known bird. 2. Doves are animals ferae naturae, and not the subject of larceny, unless th DOWAGER . A widow endowed; one who has a jointure. 2. In England, this is a title or addition given to the widows of p DOWER . An estate for life, which the law gives the widow in the third part of the lands and tenements, or hereditam DOWER UNDE NIHIL HABET . This is a writ of right in its nature. It lies only against the tenant of the freehold. 12 Mass. 415 2 Saund DOWRESS . A woman entitled to dower. 2. In order to entitle a woman to the rights of a dowress at common law, she must DOWRY . Formerly applied to mean that which a woman brings to her hushand in marriage; this is now called a portion. DRAGOMAN . An interpreter employed in the east, and particularly at the Turkish court. 2. The Act of Congress of August DRAIN . Conveying the water from one place to another, for the purpose of drying the former 2. The right of draining DRAWEE . A person to whom a bill of exchange is addressed, and who is requested to pay the amount of money therein me DRAWER , contracts. The party who makes a bill of exchange. 2. The obligations of the drawer to the drawee and every DRAwhACK , com. law. An allowance made by the government to merchants on the reexportation of certain imported goods li DRAWING . A representation on paper, card, or other substance. 2. The Act of Congress of July 4, 1836, section 6, requ DREIT . The same as Droit. (q. v.) DRIFTWAY . A road or way over which cattle are driven. 1 Taunt. R. 279; Selw. N. P. 1037; Wool. on Ways, 1. DRIP . The right of drip is an easementt by which the water which falls on one house is allowed to fall upon the la DRIVER . One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals. DROIT . A French word, which, in that language, signifies the whole collection of laws, written and unwritten, and i DROIT D'ACCESSION , French civil law. Specificatio. That property which is acquired by making a new species out of the material DROIT D'AUBAINE , jus albinatus. This was a rule by which all the property of a deceased foreigner, whether movable or immovab DROIT-CLOSE . The name of an ancient writ directed to the lord of ancient demesne, and which lies for those tenants in anc DROITS OF ADMIRALTY . Rights claimed by the government over the property of an enemy. In England, it has been usual, in maritime w DROITURAL . What belongs of right; relating to right; as, real actions are either droitural or possessory; droitural, wh DRUNKENNESS . Intoxication with strong liquor. 2. This is an offence generally punished by local regulations, more or less DRY . Used figuratively, it signifies that which produces nothing; as, dry exchange; dry rent; rent seek. DRY EXCHANGE , contracts. A term invented for disguising and covering usury; in which something, was pretended to pass on b DRY RENT , contracts. Rent-seek, was a rent reserved without a clause of distress. DUCAT . The name of a foreign coin. The ducat of Naples shall be estimated in the computations of customs, at eighte DUCES TECUM , practice, evidence. Bring with thee. A writ commonly called a subpoena duces tecum, commanding the person to DUCKING-STOOL , punishment. An instrument used, in dipping women in the water, as a punishment, on conviction of being commo DUCROIRE . This is a French word, which has the same meaning as the Italian phrase del credere. (q. v.) 2 Pard. Dr. Com DUE . What ought to be paid; what may be demanded. It differs from owing in this, that, sometimes, what is owing i DUE-BILL . An acknowledgment of a debt, in writing, is so called. This instrument differs from a promissory note in man DUELLING , crim. law. The fighting of two persons, one against the other, at an appointed time and place, upon a preced DUKE . The title given to those who are in the highest rank of nobility in England. DUM FUIT INFRA AETATEM . The name of a writ which lies when an infant has made a feoffment in fee of his lands, or for life, of a gif DUM NON FUIT COMPOS MENTIS , Eng. law. The name of a writ, which the heirs of a person who was non compos mentis, and who aliened his lan DUM SOLA . While single or unmarried. This phrase is applied to single women, to denote that something has been done, o DUMB . One who cannot speak; a person who is mute. See Deaf and dumb, Deaf, dumb, and blind; Mute, standing mute. DUMB-BIDDING , contracts. In sales at auction, when the amount which the owner of the thing sold is willing to take for the DUNG . Manure. Sometimes it is real estate, and at other times personal property. When col