(Lat. x have given.) A word used in deeds and other instruments of con-veyance when such instruments were made iu Latin, and anciently held to imply a wur-ranty of title. Deakins v. lloliis, 7 Gill A J. (Md.) 315
Category: D
DEDBANA
ln Saxon law. An actual homicide or manslaughter
DECURIO
Lat. A decnrion. In the provincial admlnistration of the Roman em-pire, the decurions were tlie chief men or official personages of the large towns. Taken as a body, the decurions of a city were charg-ed with the entire control and administra-tion of its internal affairs; having powers both magisterial and legislative. See 1 Spence, Eq. […]
DECROWNING
The act of depriving of a crown
DECRETUM GRATIANI
Grattan’s de-cree, or decretum. A collection of eccleslas-tical law in three books or parts, made in the year 1151, by Gratian, a Benedictine monk of Bologna, being tiie oldest as well as tbe first in order of the collections which to-gether form the body of the Roman canon law. 1 Bl. Comm. 82; 1 Reeve, […]
DECRETUM
In tbe civU law. A species of imperial constitution, being a*Judg-meut or sentence given by the emperor upon
DECRETO
In Spanish colonial law. An order emanating from some superior tribunni, promulgated in the name aud by the au-thority of the sovereign, in relation to eccle-siastical matters. Schm. Civil Law, 93, note
DECRETALS
In ecclesiastical law. Letters of the pope, written at the suit or Instance of one or more persons, determining some point br question in ecclesiastical law, and possessing the force of law. The decretals form the second part of the body of can-on law
DECRETALES GREGORH NONI
The
DECRETAL ORDER
See Decbee; Ob-deb
DECRETA
In the Roman law. Judlcial sentences given by the emperor as supreme judge
DECREPIT
This term designates a person who is disabled, incapable, or incompe-tent, either from physical or mental weakness or defects, whether produced by age or other causes, to such an extent as to render the individual comparatively helpless in a personal conflict with one possessed of ordi-nary health and strength. Hall v. State, 16 Tex. App. […]
DECREMENTUM MARIS
Lat. lu old English law. Decrease of the sea; the re-ceding of the sea from the land. Callis, Sew-ers, (53.) 65. See Reliction
DECREET
In Scotch law. The final Judgment or sentence of a court
DEGREE
In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and under-standing ali the points ln issue, and determining the right of all the parties to the suit, according […]
DECOY
To inveigle, entice, tempt, or lure; as, to decoy a person within the ju-risdiction of a court so that he may be serv-ed with process, or to decoy a fugitive criminal to a place where he may be arrested without extradition papers, or to decoy one away from his place of residence for the pur-pose […]
DECONFES
In French law. A name formerly given to those persons who died
DECOLLATIO
In old English and Scotch law. Decollation; the punishment of beheading. Fleta, lib. 1, e. 21, $ 6
DECOCTOR
In the Roman law. A bankrupt; a spendthrift; a squanderer of public funds. Calvin
DECOCTION
The act of boiling a sub-stance in water, for extracting its virtues. Also the liquor in which a substance has been boiled; water impregnated with the prlnci-ples of any animal or vegetable substance boiled in it webster; Sykes v. Magone (C. O.) 38 Fed. 497
DECLINATURE
In Scotch practice. An objection to the jurisdiction of a judge. Belt
DECLINATORY PLEA
In English practice. The plea of sanctuary, or of benefit of clergy, before trial or conviction. 2 Hale, P. C. 236 ; 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note; Id. 436, note
DECLINATOIRES
* In French law. Pleas to the jurisdiction of the court; also of lis pendens, and of connexitd, (q. v
DECLINATION
In Scotch law. A plea to the jurisdiction, on the ground that the judge is interested in the suit
DECLARE
To solemnly assert a fact before witnesses, e. g., where a testator declares a paper signed by him to be his last will and testament. Lane v. Lane, 95 N. Y. 498
DECLARATORY
Explanatory; deslgn-ed to fix or elucidate what before was un-certain or doubtful
DECLARATOR
In Scotch law. An action whereby lt is sought to have some right of property, or of status, or other right judicially ascertained and declared. Bell
DECLARATION
In pleading. The
DECLARANT
A person who makes a declaration
DECISIVE OATH
In the civil law. where one of the parties to a suit, not heing able to prove his charge, offered to refer the decision of the cause to the oath of hls ad-versary, which the adversary was bound to accept, or tender the same proposal back again, otherwise the whole was taken as confessed by […]
DECISION
In practice. A judgment or decree pronounced by a court in settlement of a controversy submitted to it and
DECIME
A French coin of the value of the tenth part of a franc, or nearly two cents
DECIMS
In ecclesiastical law. Tenths, or tlthes. The tenth part of the annual profit of each living, payable formerly to the pope. There were several valuations made of these livings at different times. The de-cimae (tenths) were appropriated to the crown, and a new valuation established, by 26 Hen. VIII., c. 3. 1 Bl. Comm. 284. […]
DECIES TANTUM
(Ten. times as tnueh.) The name of an anclent writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe
DECIDE
To decide includes the power and right to deliberate, to weigh the rea-sons for and against, to see which pre-ponderate. and to be governed by that pre-ponderance. Darden v. Lines, 2 Fla. 571; Com. v. Anthes, 5 Gray (Mass.) 253; In re Milford & M. R. Co., 68 N. H. 570, 36 Atl. 545
DECESSUS
In the civU and old English
DECENNARY
A tithing, composed of ten neighboring families. 1 Reeve, Eng. Law, 13; 1 Bl. Comm. 114
DECENNARIES
Lat one who held one-half a virgnte of land. Du Cange, one of the ten freeholders ln a decennary. Id. ; Calvin. Decennier. one of the decennarii, or ten freeholders making up a tithing. Spelman
DECENNA
In old English law. A tithing or decennary; the preclnct of a frank* pledge; consisting of ten freeholders with thejr families. Spelman
DECEMVIRI LITIBUS JUDICANDIS
IS
DECEM TALES
(Ten such; or tea tales, jurors.) In practice. The name of a wrlt whlch Issues in England, where, on a trlal at bar, ten jurors are necessary to make up a full panel, commanding the sheriff to summon the requisite number. 3 Bl. Comm. 364; Reg. Jud. 30b; 3 Steph. Comm. 602
DECEIT
A fraudulent and cheating mis-r epresen tat ion, artifice, or device, used by one or more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of the party imposed upon. People v. Chadwick, 143 Cal. 116, 76 Pac. 884; Reynolds v. Palmer (C. C.) 21 Fed. […]
DECAPITATION
The act of behead-ing. A mode of capital punishment by cat-tlng off the head
DECANIA
The ofiice, jurisdiction, ter-ritory, or command of a decanus, or dean. Spelman
DECANATUS
A deanery. Spelman
DEBTOR
one who owes a debt; be who may be compelled to pay a claim or de-mand
DEBTEE
A person to whom a debt is due; a creditor. 3 Bl. Comm. 18; Plowd. 543. Not used
DEBT
A sum of money due by certain and express agreement; as by bond for a determinate sum, a bill or note, a speclal bar-gain, or a rent reserved on a lease, where the amount is fixed and specific, and does not depend upon any subsequent valuation to settle It 3 Bl. Comm. 154; Camden v. […]
DEBITUM SINE BREVI
L. Lat
DEBITUM
Something due, or owing; a debt