1TKIN, or DOIT. A base coin of small value, prohibited by St. 3 Hen. V. c. 1. we still retain the phrase, in the common saying, when we would undervalue a man, that he ls not worth a doit. Jacob
Category: D
DOGMA
In the civil law. A word occasionally used as descriptive of an ordinance of the senate. See Nov. 2, 1, 1; Dig. 27, 1, 6
DOGGER-MEN
Fishermen that belong to dogger-ships
DOGGER
In maritime law. A light ship or vessel; dogger-fish, fish brought in ships. Cowell
DOG-LATIN
The Latin of illiterate persons; Latin words put together on the English grammatical system
DOG-DRAW
AW. In old forest law. The manifest deprehension of an offender against venison In a forest, when he was found drawing after a deer by the scent of a hound led ln his hand; or where a person had wounded a deer or wild beast, by shooting at him, or otherwise, and was caught with […]
DOER
In Scotch law. An agent or at-torney. 1 Kames, Eq. 325
DOED-BANA
In Saxon law. The act-ual perpetrator of a homicide
DOE, JOHN
The name of the fictitious plaintiff in the action of ejectment. 3 Stepb. Oomm. 618
DOCTRINE
A rule, principle, theory, or tenet of the law; as, the doctrine of mer-ger, the doctrine of relation, etc
DOCTOR AND STUDENT
The title of a work written-by St. Germain in the reign of Henry VIIL in which many principles of the common law are discussed in a popular manner. It ls in the form of a dialogue between a doctor of divinity and a student in law, and has always been considered a book of merit […]
DOCTOR
A learned man; one qualified to give instruction of the higher order in a science or art; particularly, one who has re-ceived the highest academical degree in his art or faculty, as, a doctor of laws, medicine^ or theology. In colloquial language, however, the term is practically restricted to practitioners of medicine. Harrison v. State, […]
DOCIMASIA PULMONUM
In medical jurisprudence. The hydrostatic test used chiefly in cases of alleged infanticide to de-termlne whether the child was born alive or dead, which consists in immersion of the foetal lungs in water. If they have never been inflated they will sink, but will float lf the child has breathed
DO UT FACIAS
Lat I give that you may do; I give [you] that you may do or make [for me.] A formula In the civil law, under which those contracts were classed ln which one party gave or agreed to give money, in consideration the other party did or performed certain work. Dig. 19, 5, 5; 2 […]
DO, LEGO
Lat I give, I bequeath; or I give and bequeath. The formal words of making a bequest or legacy, in the Roman law. Titio ct Seio hontinem, Stichum do, lego, I give and bequeath to Titlus and Seius my man Stichus. Inst. 2, 20, 8, 30, 31. The expression is literally retained in modern wills
DO, DICO, ADDICO
Lat. I give, 1 say, I adjudge. Three words used in the Roman law, to express the ^extent of the civil Juris-diction of the praetor. Do denoted that he gave or granted actions, exceptions, aud judices; dico, that he pronounced judgment; addico, that he adjudged the controverted property, or the goods of the debtor, etc., […]
DIXIEME
Fr. Tenth; the tenth part ord. Mar. llv. 1, tit. 1, art 9
DIVORCE
The legal separation of man and wlfe, effected, for cause, by the Judg-rnent of a court, and either totally dissolving the marriage relation, or suspending its ef-fects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S. 155, 21 Sup. Ct. 544, 45 L. Ed. 794; Miller v. Miller, 33 […]
DIVISIONAL COURTS
Courts in Eng-land, consisting of two or (in special cases) more judges of the high court of justice, sitting to transact certain kinds of business which cannot be disposed of by one Judge
DIVISION
In Eugllsh law. one of the smaller subdivisions of a county. Used in
DIVTSIM
In old English law. Sever-ally; separately. Bract, fol. 47
DIVISIBLE
That which is susceptible of being divided
DIVISA
In old English law. A device, award, or decree; also a devise; also bounds or limits of division of a parish or farm, etc. Cowell. Also a court held ou the bound-ary, in order to settle disputes of the tenants
DIVINE SERVICE
Divine service was the name of a feudal tenure, by which the tenants were obliged to do some special divine services in certaiu ; as to sing so many masses, to distribute such a sum in alms, and the like. (2 Bl. Comm. 102; 1 Steph. Comm. 227.) lt differed from tenure iu frankalmoign, iu […]
DIVINE LAWS
As distinguished from those of human origin, divine laws are those of whicli the authorship is ascribed to God, being either positive or revealed laws or the laws of nature. Mayer v. Frobe, 40 W. Va. 246, 22 S. E. 58; Borden v. State, 11 Ark. 527, 44 Am. Dec. 217
DIVINARE
Lat To dlviue; to conjecture or guess; to foretell. Divinatio, a conjecturing or guessing
DIVIDENDA
DA. In old records. An .in-denture ; one counterpart of an indenture
DIVIDEND
A fund to be divided. The share allotted to each of several iarsons en-titled to share ln a division of profits or property. Thus, dividend may denote a fund set apart by a corporation out of its profits, to be apportioned among the shareholders, or the proportional amount falling to each. In bankruptcy or insolvency […]
DIVEST
Equivalent to devest, (q. v
DIVERT
To turn aside; to turn out of the way; to alter the course of things. Usu-ally applled to water-courses. Ang. water-Courses, 8 97 et seq. Sometimes to roads. 8 East, 394
DIVERSORIUM
In old English law. A lodging or inn. Townsh. Pl. 38
DIVERSO INTUITU
Lat. with a dlf-ferent view, purpose, or design; in a dlffer-ent view or point of view; by a different
DIVERSITY
In criminal pleading. A plea by the prisoner in bar of execution, al-leging that he is not the same who was at-talnted, npon which a jury is immediately Impaneled to try the collateral issue thus raised, viz., the identity of the person, and not whether he is guilty or innocent, for that has been already […]
DIVERSITE DES COURTS
A treatise on courts and their jurisdiction, written ln French In the reign of Edward III. as ls supposed, and by some attributed to Fitzher-hert It was first printed in 1525, and again in 1534. Crabb, Eng. Law, 330, 483
DIVERSION
A turning aside or alter-ing the natural course of a thing. The term is chiefly applled to the unauthorized chang-ing the course of a water-course to the prej-udice of a lower proprietor. Merritt v. Park-er, 1 N. J. Law, 460; Parker v. Griswold, 17 Conn. 299, 42 Am. Dec. 739
DIVERS
Various, several, sundry; a collective term grouping a number of un-specified persons, objects, or acts. Com. v. Butts, 124 Mass. 452; State v. Hodgson, 66 Vt 134, 28 Atl. 1089; Munro v. Alaire, 2 Caines (N. Y.) 326
DITTAY
In Scotch law. A technical term in civil law, signifying the matter of charge or ground of indictment against a person accused of crime. Taking up dittay is obtaining informations and presentments of crbne in order to trial. Skene, de Verb. Sign.; Bell
DITES OUSTER
L. Fr. Say over. The form of awarding a respondcas ouster, in the Year Books, M. 6 Edw. III. 49
DISTURBANCE
1. Any act causing annoyance, disquiet, agitation, or derangement to another, or interrupting hls pence, or interfering with him in the pursuit of a lawful and appropriate occupation. Richard-son v. State, 5 Tex. App. 472; State v. Stuth, 11 wash. 423, 39 Pac. 665; George v. George, 47 N. H. 33; Varney v. French, 19 […]
DISTRINGERE
In feudal and old English law. To distrain; to coerce or compel. Spelman; Calvin
DISTRINGAS
In English practice. A writ directed to the sheriff of the county in which a defendant resides, or has any goods or chattels, commanding him to distrain up* on the goods and chattels of the defendant for forty shillings, ln order to compel his appearance. 3 Stepb. Comm. 567. This writ issues in cases where […]
DISTRIGTIO
Lat A distress; a dls-traint. Cowell
DISTRICT OF COLUMBIA
A terri-tory situated on the Potomac river, and being the seat of government of the United States. It was originally ten miles square, and was composed of portions of Maryland and Virginia ceded by those states to the United States; but in 1846 the tract coming from Virginia was retroceded. Legally lt is nel-ther a […]
DISTRIBUTIVE
Exercising or accom-pllshing distribution; apportioning, dividing, and assigning ln separate items or shares
DISTRIBUTION
In practice. The ap-portionment and division, under authority of a court, of the remainder of the estate of an Intestate, after payment of the debts and charges, among those who are legally entitled to share in the same. Rogers v. GI1-lett, 56 Iowa, 266, 9 N. W. 204; William Hill Co. v. Lawler, 116 Cal. […]
DISTRIBUTEE
An heir; a person en-titled to share in the distribution of an es-tate. This term is admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal es-tate of one who is dead Intestate. Henry v. Henry, 31 N. C. 278; Kitchen v. Southern Ry., 68 S. C. […]
DISTRAINT
Seizure; the act of dis-training or making a distress
DISTRAINOR
or DISTRAINOR. He
DISTRAIN
To take as a pledge prop-erty of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, paymeut of reut, performance of services, etc. 3 Bl. Comm. 231; Fltzh. Nat. Brev. 32, B, C, 223. Boyd v. […]
DISTRAHERE
To sell; to draw apart; to dissolve a contract; to divorce. Calvin.