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Bouvier's Law Dictionary

Deed
Deed. A Written' Instrument Under Seal, Containing A Contract Or Agreement Which Has Been Delivered By The Party To Be Bound And Accepted By The Obligee Or Covenantee. Co. Litt. 171; 2 Bla. Com. 295; Shepp. Touchst. 50. A Writing Containing A Contract Sealed And Delivered To The Party Thereto. ...

Defeasance
Defeasance. An Instrument Which De Feats The Force Or Operation Of Some Other Deed Or Of An Estate. That Which Is In The Same Deed Is Called A Condition; And That Which Is In Another Deed Is A Defeasance. Comyns, Dig. Defeasance. The Defeasance May Be Subsequent To The Deed ...

Defence
Defence. Torts. A Forcible Resistance Of An Attack By Force. A Man Is Justified In Defending His Person, That Of His Wife, Children, And Servants, And For This Purpose He May Use As Much Force As May Be Necessary, Even To Killing The As Sailant, Remembering That The Means Used ...

Defendants
Defendants. In General, All Persons In Terested In The Subject-matter Of A Suit Who Cannot Be Made Plaintiffs Should Be Made Defendants., They May Claim Under Differ Ent • Rights If They Possess An Interest Cen Tering In The Point In Issue; Fellows V. Fel Lows, 4 Cow. (n. Y.) ...

Definition
Definition. An Enumeration Of The Principal Ideas Of Which A Compound Idea Is Formed, To Ascertain And Explain Its Nature; That Which Denotes And Points Out The Sub Stance Of A Thing. Ayliffe, Pand. 59. Definitions Are Always Dangerous, Because It Is Always Difficult To Prevent Their Being Inaccurate, Or ...

Definitions
Definitions. The Various Forms Of Judg Ment Are Designated By The Following Terms : Judgment Of Assets In Futuro, Is One Against An Executor Or Heir, Who Holds At The Time No Property On Which It Can Oper Ate. See Q Cando Acciderint. Judgment Of Cassetur Breve Or Bills (that ...

Delaware
Delaware. The Name Of One Of The Original States Of The United States Of Ica, Being The First To Adopt The Constitution. In 1623, Cornelius May, With Some Dutch Emi Grants, Established A Trading-house, But The Settlers Soon Removed To North River. Ten Years Afterwards Ds Vries Arrived At Cape ...

Delegation
Delegation. In Civil Law. A Kind Of Novation By Which The Original Debtor, In Order To Be Liberated From His Crenicor, Gives Him A Third Person, Who Becomes Obliged In His Stead To The Creditor Or To The Person Appointed By Him. See Novation. Perfect Delegation Exists When The Debtor ...

Delirium Febrile
Delirium Febrile. In Medical Juris Prudence. A Form Of Mental Aberration Inci Dent To Febrile Disease, And Sometimes To The Last Stages Of Chronic Diseases. The Aberration Is Mostly Of A Subjective Character, Maintained By The Inward Activity Of The Mind Rath Er Than By Outward Impressions. "regardless Of Persons ...

Delirium Tremens
Delirium Tremens (called, Also, Man Ia-a-potu). In Medical Jurisprudence. A Form Of Mental Disorder, Usually Accompa Nied By Tremor, Incident To Habits Of Intem Perate Drinking, Which Generally Appears As A Sequel To A Period Of Unusual Excess Or After A Few Days' Abstinence From Stimulat Ing Drink. It May ...

Delivery
Delivery. The Transfer Of A Deed From The Grantor To The Grantee, Or Some Person Acting In His Behalf, In Such A Manner As To Deprive The Grantor Of His Right To Recall It At His Option. An Absolute Delivery Is One Which Is Com Plete Upon The Actual Transfer ...

Delusion
Delusion. In Medical Jurisprudence. A Perversion Of The Judgment, Obviously Er Roneous And Persistent. A Symptom Of Men Tal Disease, In Which Persons Believe Things To Exist Which Exist Only, Or In The Degree They Are Conceived Of Only, In Their Own Imaginations, With A Persuasion So Fixed And Firm ...

Demand
Demand. A Claim; A Legal Obligation. Demand Is A Term Of Art Of An Extent Greater In Its Signification Than Any Other Word Except Claim. Co. Litt. 291; In Re' Denny, 2 Hill (n. Y.) 220; Scott V. Mor Ris, 9 S. & R. (pa.) 124; Murphy's Appeal, 6 W. ...

Demand Of View
View, Demand Of. In Most Real And Mixed Actions, In Order To Ascertain The Iden Tity Of Land Claimed With That In The Tenant's Possession, The Tenant Is Allowed, After The Demandant Has Counted, To Demand A View Of The Land In Question, Or, If The Subject Of Claim Be ...

Dementia
Dementia. In Medical Jurisprudence. That Form Of Insanity Which Is Characterized By Mental Weakness And Decrepitude, And By Total Inability To Reason Correctly Or Incor Rectly. Memory Is Last ; Language Is Incoherent; Actions Are Inconsistent. The Thoughts Succeed One Another Without Any Obvious Band Of Association. Delusions, If They ...

Demonstration
Demonstration (lat. Demonstrare, To Point Out). Whatever Is Said Or Written To Designate A Thing Or Person. Several Descriptions May Be Employed To Denote The Same Person Or Object; And The Rule Of Law In Such Cases Is That If One Of The Descriptions Be Erroneous It May Be Re ...

Demonstrative Legacy
Demonstrative Legacy. A Pecunia Ry Legacy Coupled With A Direction That It Be Paid Out Of A Specific Fund. A Bequest Of A Sum Of Money Payable Out Of A Particular Fund Or Thing. A Pecuniary Legacy Given Generally, But With A Demonstra Tion Of A Particular Fund As The ...

Demonstrative Legacy_2
Demonstrative Legacy. A General Legacy Is One So Given As Not To Amount To A Bequest Of A Particular Thing Or Money, Of A Particular Fund, Distinguished From All Others Of The Same Kind; 1 Rop. Leg. 170; Tifft V. Porter, 8 N. Y. 516; 6 Madd. 92. It Is ...

Demurrage
Demurrage. The Delay Of A Vessel By The Freighter Beyond The Time Allowed For Loading, Unloading, Or Sailing. Payment For Such Delay. The Amount Due By The Freighter Or Char Terer To The Owner Of The Vessel For Such De Lay. 5 E. & B. 755 ; Abb. Adm. Dec. ...

Demurrer
Demurrer (lat. Demorari, Old Fr. De Morrer, To Stay ; To Abide). In Pleading. An Allegation, That, Admitting The Facts Of The Preceding Pleading To Be True, As Stated By The Party Making It, He Has Yet Shown No Cause Why The Party Demurring Should Be Compelled By The Court ...

Dence Arrest Bailtrial
Dence ; Arrest ; Bail ; Trial ; Habeas Cor Pus ; De Homine Heplegiando. Irresponsible Superiority, Whether Of One Or Of Many, Is Necessarily Antagonistic To Freedom In Others. Yet Freedom Rests On Law, And Law On The Supreme Power Of Some State. The Possession Of This Power Involves ...

Deodand
Deodand. Any Personal Chattel What Ever, Animate Or Inanimate, Which Is The Im Mediate Cause Of The Death Of A Human Creel Lure. It Was Forfeited To The King To Be Dis Tributed In Alms By His High Almoner "for The Appeasing," Says Coke, "of God's Wrath." The Word Comes ...

Department
Department. A Portion Of A Country. In France, The Country Is Divided Into De Partments, Which Are Somewhat Similar To The Counties In This Country. The United States Have Been Divided Into Military De Partments, Including Certain Portions Of The Country. Parker V. Ii. S., 1 Pet. (u. S.) 293, ...

Department Of Justice
Justice, Department Of. The Act Of September 24, 1789 (1 Stat. L. 92), Organized The Judicial Business Of The United States, Made Provision For An Attorney-general, And Charged Him With The Duty Of Prosecuting All Suits In The Supreme Court In Which The Unit Ed States Was In Anywise Interested, ...

Departure
Departure. In Maritime Law. A Devi Ation From The Course Prescribed In The Policy Of Insurance. See Deviation. In Pleading. The Statement Of Matter In A Replication, Rejoinder, Or Subsequent Plead Ing, As A Cause Of Action Or Defence, Which Is Not Pursuant To The Previous Pleading Of The Same ...

Deportation
Deportation. In Roman Law. A Per Petual Banishment, Depriving The Banished Of His Rights As A Citizen: It Differed From Rele Gation (q. V.) And Exile (q. V.): 1 Bro. Civ. Law, 125, N.; Inst. 1. 12. 1;' Dig. 48. 22. 14. 1. In Modern Law. "the Removal Of An ...

Deposit
Deposit. A Naked Bailment Of Goods To Be Kept For The Depositor Without Reward, And To Be Returned When He Shall Require It. Jones, Bailm. 36, 117 ; Bellows Falls Bank V. Bank, 40 Vt. 380. A Bailment Of Goods To Be Kept By The Bailee Without Reward, And Delivered ...

Derelict
Derelict. Abandoned ; Deserted; Cast Away. Land Left Uncovered By The Receding Of Wa Ter From Its Former Bed. 2 Rolle, Abr. 170; 2 Bla. Com. 262; 1 Crabb, R. P. 109. Personal Property Abandoned Or Thrown Away By The Owner In Such Manner As To Indicate That He Intends ...

Descent And Distribution
Descent And Distribution. The Di Vision Among Those Legally Entitled Thereto Of The Real And Personal Property Of Intes Tates, The Term Descent Being Applied To The Former And Distribution To The Latter. De Scent Is The Devolution Of Real Property To The Heir Or Heirs Of One Who Dies ...

Description
Description. An Account Of The Acci Dents And Qualities Of A Thing. Ayliffe, Pand. 60. A Written Accnunt Of The State And Condi Tion Of Personal Property, Titles, Papers, And The Like. It Is A Kind Of Inventory, But Is More Particular In Ascertaining The Exact Condition Of The Property, ...

Desertion
Desertion. An Offence Which Consists In The Abandonment Of The Public Service, In The Army Or Navy, Without Leave. An Absence Without Leave, With The Inten Tion Of Returning, Will Not Amount To Deser Tion; Inhabitants Of Hanson V. Inhabitants Of South Scituate, 115 Mass. 336 ; Cloutman V. Tunison, ...

Desertion Of A Seaman
Desertion Of A Seaman. The Aban Donment. By A Sailor, Of A Vessel In Which He Had Engaged To Perform A Voyage, Before The Expiration Of His Time, And Without Leave. Where A Seaman Signs Articles For A Voy Age, Agreeing To Go To The Port Where The Vessel Is ...

Detainer
Detainer. Detention. The Act Of Keep Ing A Person Against His Will, Or Of With Holding The Possession Of Goods Or Other Per Sonal Or Real Property From The Owner. Detainer And Detention Are Very Neariy Synony Mous. If There Be Any Distinction, It Is Perhaps That Detention Applies Rather ...

Dictum
Dictum (also, Obiter Dictum). An Opin Ion Expressed By A Court Upon Some Question Of Law Which Is Not Necessary To The Decision Of The Case Before It. It Frequently Happens That, In Assigning Its Opin Ion Upon, A Question Before It, The Court Discusses Collateral Questions And Expresses A ...

Dies N On
Dies N On (lat.). An Abbreviation Of The Phrase Dies Non Juridicus, Universally Used To Denote Non Judicial Days. Days During Which Courts Do Not Transact Any Business ; As, Sunday, Or The Legal Holidays. 3 Chitty, Gen. Pr. 104; W. Jones 156. Sunday Was The Original Dies Non, But ...

Direct Tax
Direct Tax. In Pollock V. Trust Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 L. Ed. 759, It Was Said That In Order To Determine Whether A Tax Be Direct Within The Mean Ing Of The Constitution It Must Be Ascer Tained Whether The One Upon Whom, By ...

Directors
Directors. Persons Appointed Or Elect Ed According To Law To Manage And Direct The Affairs Of A Corporation Or Company. The Di Rectors Collectively Form The Board Of Di Rectors. They Are Generally Invested With Certain Powers By The Charter Of The Corporation, And It Is Believed That There Is ...

Disafforest
Disafforest. To Restore To Their For Mer Condition Lands Which Have Been Turned Into Forests. To Remove From The Operation Of The Forest Laws. 2 Bla. Com. 416. To Deny The Authority By Which An Agent Pretends To Have Acted, As When He Has Exceeded The Bounds Of His Au ...

Disc 0 U N
Disc 0 U N T. Interest Reserved From The Amount Loaned At The Time Of Making A Loan. An Allowance Sometimes Made For Prompt Payment. As A Verb, It Is Used To Denote The Act Of Giving Money For A Bill Of Ex Change Or Promissory Note, Deducting The In ...

Discharge Of Contract
Discharge Of Contract. A Con Tract May Be Discharged In The Following Ways: Performance According To Its Terms; A Breach Of Such A Nature As To Justify The Innocent Party In Treating The Contract As Rescinded Or As Giving Rise To A Right Of Ac Tion For Breach Of The ...

Discontinuance
Discontinuance. In Pleading. The Chasm Or Interruption Which Occurs When No Answer Is Given To Some Material Mat Ter In The Preceding Pleading, And The Op Posite Party Neglects To Take Advantage Of Such Omission. See Com. Dig. Pleader, W.; Bac. Abr. Pleas, P. It Is Distinguished From Insufficient Pleading ...

Discovery
Discovery. The Act Of Finding An Un Known Country. The Nations Of Europe Adopted The Principle That The Discovery Of Any Part Of America Gave Title To The By Whose Subjects Or By Whose Au Thority It Was Made, As Against All European Gov Ernments. This Title Was To Be ...

Disfranchisement
Disfranchisement. The Act Of De Priving A Member Of A Corporation Of His Right As Such, By Expulsion. It Differs From Amotion (q. V.), Which Is Ap Plicable To The Removal Of An Officer From Office, Leaving Him His Rights As A Member ; Wine. Corp. N. 708 ; Ang. ...

Disjunctive Term
Disjunctive Term. One Which Is Plac Ed Between Two Contraries, By The Affirming Of One Of Which The Other Is Taken Away : It Is Usually Expressed By The Word Or. See 3 Ves. 450; 1 P. Wms. 433; 2 Cox, Ch. 213; 2 Atk. 643 ; 2 Ves. Sen. ...

Disorderly House
Disorderly House. A House The In Mates Of Which Behave So Badly As To Become A Nuisance To The Neighborhood. State V. Grosofski, 89 Minn. 343, 94 N. W. 1077 ; Haw Kins V. Lutton, 95 Wis. 493, 70 N. W. 483, 60 Am. St. Rep. 131. It Has A ...

Disseisin
Disseisin. A Privation Of Seisin. A. Usurpation Of The Right Of Seisin And Posses Sion, And An Exercise Of Such Powers And Privileges Of Ownership As To Keep Out Or Dis Place Him To Whom These Rightfully Belong. 2 Washb. R. P. 283 ; Mitch. R. P. 259. It Takes ...

Distinctive Princibles
Distinctive Princibles. It Is Quite Ap Parent That Some Principles Other Than Those Of The Common Law Must Regulate The Exer Cise Of Such A Jurisdiction. That Law Could Not Mitigate Its Rigor Upon Its Own Principles. And As, Down To The Time Of Edward Iii., And, With Few Exceptions, ...

Distribution
Distribution. The Distribution Or Disposal Of The Estate By An Executor Is As Directed By The Will. The Administrator Must Distrib Ute The Residue Among Those Entitled To It Under Direction Of The Court And Accordin: To Law ; Lamb V. Carroll, 28 N. C. 4; Appea Of Stewart, 86 ...

District Of Columbia
District Of Columbia. A Portion Of The Country, Originally Ten Miles Square, Which Was Ceded To The United States By The States Of Virginia And Maryland, Over Which The National Government Has Exclusive Juris Diction. Under The Constitution, Congress Is Authorized To "exercise Exclusive Jurisdiction In All Cases Whatso Ever, ...

Dividend
Dividend. A Portion Of The Principal Or Profits Divided Among Several Owners Of A Thing. Williston V. R. Co., 13 Allen (mass.) 400; Taft V. R. Co., 8 R. I. 310, 5 Am. Rep. 575; Attorney General V. Bank, 21 N. C. 545; Cary V. Say. Union, 22 Wall. (u. ...

Divorce
Divorce. The Dissolution Or Partial Sus Pension, By Law, Of The Marriage Relation. The Dissolution Is Termed Divorce From The Bond Of Matrimony, Or, In The Latin Form Of The Expres Sion, A Vincula Matrimony %; The Suspension, Di Vorce From Bed And Board, A Mensa Et Moro. The Former ...

Dollar
Dollar (germ. Thaler). The Money Unit Of The United States. It Was Established Under The Confederation By Res Olution Of Congress, July 6, 1785. This Was Originally Represented By A Silver Piece Only ; The Coinage Of Which Was Authorized By The Act Of Congress Of Aug. 8, 1786. The ...

Domestics
Domestics. Those Who Reside In The Same House With The Master They Serve. The Term Does Not Extend To Workmen Or Laborers Employed Out-of-doors. Ex Parte Meason, 5 Binn. (pa.) 167 ; Cook V. Dodge, 6 La. Ann. 276 ; Richardson V. State, 43 Tex. 456 ; Mer Lin, Ltdpert. ...

Domicil
Domicil. That Place Where A Man Has His True, Fixed, And Permanent Home And Principal Establishment, And To Which When- I Ever He Is Absent He Has The Intention Of Re Turning. White V. Crawford, 10 Mass. 188; Tanner V. King, 11 La. 175 ; Crawford V. Wilson, 4 Barb. ...

Dominium
Dominium (lat.). Perfect And Complete Property Or Ownership, In A Thing. Plenum In Re Dominium,—plena In Re Potestas. This Right Is Composed Of Three Principal Elements: The Right To Use, The Right To Enjoy, And The Right To Dispose Of The Thing, To The Exclusion Of Every Other Person. To ...

Donatio Mortis Causa
Donatio Mortis Causa (lat. A Gift In Prospect Of Death). A Gift Made By A Person In Sickness, Or Other Immediate Peril, Who, Apprehending His Death As Near, Delivers, Or Causes To Be Delivered, To Another, The Pos Session Of Any Personal Goods, To Keep As His Own In Case ...

Doom Of The Assessor
Doom Of The Assessor. See Assesa Ment. D 00 R. The Place Of Usual Entrance Into A House, Or Into A Room In The House. To Authorize The Breach Of An Outer Door In Order To Serve Process, The Process Must Be Of A Criminal Nature; And Even Then A ...