Descent; in the descent See Formedon
Category: D
DESAMORTIZACION
In Mexican law. The dcsamortizacion of property ls to take lt oat of mortmain, (dead hands;) that is, to unloose it from the grasp, as it were, of ecclesiastical or civil corporations. The term has no equivalent in English. Hall, Mex. Law, S 749
DESAFUERO
In Spanish law. An irregular actlon committed wlth violence against law, custom, or reason
DEROGATORY CLAUSE
In a will, thls ls a sentence or secret character lnsert-ed by the testator, of whlch he reserves the knowledge to hlmself, with a condition that no will he may make thereafter should be valld, unless thls clause be lnserted word for word. This ls done as a precaution to guard against later wills belng […]
DEROGATION
The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs lts utlllty and force. Dlstlngulshed from abrogation, which means the entire repeal and annul* ment of a law. Dlg. 50, 17, 102
DERTVATIVE
Coming from another; taken from something preceding; secondary; that which has not its origin in itself, but owes its existence to something foregoing
DERELICTION
The gaining of land from the water, in consequence of the sea shrinking back below the usuai water mark; the opposite of alluvion, (q. v.) Dyer, 326b; 2 Bl. Comm. 262; 1 Steph. Comm. 419; Llnth-lcum v. Coan, 64 Md. 439. 2 Atl. 826, 54 Am. Rep. 775; warren v. Chambers, 25 Ark. 120, 91 […]
DERELICT
Forsaken; abandoned; deserted ; cast away
DERECHO
ln Spanish law. Law or right Der echo comun, common law. The civil law is so called. A right Derechos, rights. Also, specifically, an impost laid up-on goods or provisions, or npon persons or lands, by way of tax or contribution. Noe ?. Card, 14 CaL 576, 608
DEPUTY
A substitute; a person duly authorized by an oflicer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. Carter v. Hornback, 139 Mo. 238, 40 S. W. 893; Herring v. Lee, 22 W. Va. 667; Erwin v. U
DEPUTIZE
To appoint a deputy; to ap-point or commission one to act as deputy to an officer. In a general sense, the term is descriptive of empowering one person to act for another in any capacity or relation, but in law it is almost always restricted to the substitution of a person appointed to act for […]
DEPREDATION
In French law. Pll-lage; waste, or spoliation of goods, p&rticular-ly of the estate of a deeedent ?>
DEPOT
In French law. The depositum of the Roman and the deposit of the English law. It.is of two kinds, being either (1) dtpot simply so called, and which may be either voluntary or necessary, and (2) s^ques-tre, which is a deposit made either under an agreement of the parties, and to abide the event of […]
DEPOSITUM
Lat In the civil lntf. one of the forms of the contract of bailment, being a naked bailment of goods to be Jiept for the use of the bailor without reward. Foster v. Essex Bank, 17 Mass. 498, 9 Am. Dec. 168; Coggs v. Bernard, 2 Ld. Raym. 912. See Deposit. ,
DEPOSITORY
The place where a de-posit (q. v.) is placed and kept
DEPOSITOR
one who makes a deposit
DEPOSITO
In Spanish law* Deposit; the species of bailment so called. Schm. Civil Law, 193
DEPOSITION
The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, aud intend-ed to he used upon the trial of an action in court. Lutcher v. […]
DEPOSITATION
Iu Scotch law. De-posit or depositum, the species of pail ment so called. Bell
DEPOSIT
SIT. 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; National Bank v. washington County Bank, 5 Hun (N. V.) 607′; Payne v. Gardiner, 29 N. Y. 167; Mont-gomery v. Evans, 8 Ga. 180; Rozelle v. Rhodes, 116 […]
DEPOSE
In praotioe. In ancient usage, to testify as a witness; to give evidence under oath
DEPORTATION
Banlshment to a for-eign country, attended wlth confiscation of property and deprlvatlon of civil rlghts. A punishment derlved from the deportatio (q. v.) ot the Roman law, and still ln use ln France
DEPORTATIO
Lat In the civil law. A kind of banlshment, where a condemned person was sent or carried away to some for-eign country, usually to an island, (in insu-lam deportatur,) and thus taken out of the number of Roman citizens
DEPOPULATION
In old Engllsh law. A specles of wapte by whlch the population of the kingdom was diminished. Depopula-tion of houses was a public offense. 12 Coke, 30, 3L
DEPOPULATIO AGRORUM
In old
DEPONER
In old Scotch practice. A deponent. 3 How. State Tr. 695
DEPONENT
In practice, one who de-poses (that Is, testifies or makes oath in writing) to the truth of certain facts; one who gives under oath testimony which is reduced to writing; one who makes oath to a written statement. The party making an affidavit is generally so called
DEPONE
In Scotch practice. . To de-pose ; to make oath in writing
DEPESAS
In Spanish-American law. Spaces of ground ln towns reserved for com-mons or public pasturage. 12 Pet. 443, note, 9 L Ed. 1150
DEPENDING
In practice. Pending or undetermined; in progress. See 5 Coke, 47
DEPENDENT
Deriving existence, sup-port, or direction from another; conditioned, ln respect to force or obligation, upon an extraneous act or fact
DEPENDENCY
A territory distinct from the country ln which the supreme sovereign power resides, but belonging right* folly to it, and subject to the laws and regulations which the sovereign may think prop-er to prescribe. U. S. v. The Nancy, 3 wash. C. C. 286, Fed. Cas. No. 15,854
DEPECULATION
A robbing of the prince or commonwealth; an embezzling of the public treasure
DEPARTURE
In maritime law. A
DEPARTMENT
1. one of the terrlto-rial divisions of a country. The term is chiefiy used in this sense ln France, where the division of the country Into departments is somewhat analogous, both territorially and for governmental purposes, to the divi-sion of an American state Into counties
DEPART
In pleading. To forsake or abandon the ground assumed ln a former pleading, and assume a new one. See Departure
DEOR HEDGE
In old Engllsh law. The hedge inclosing a deer park
DEODAND
(L. Lat. Deo dandum, a thing to be given to God.) In English law. Any personal chattel which was the Immediate occasion of the death of any reasonable creature, and which was forfeited to the crown to be applied to pious uses, and distributed in alms by the high almoner. 1 Hale, P. C. 419; […]
DENUNTIATIO
In old English law. A public notice or summons. Bract. 202b
DENUNCIATION
In tbe civil law
DENITNCIA DE OBRA NUEVA
In
DENUMERATION
The act of present payment
DENOMBREMENT
In French feudal law. A minute or act drawn up, on the creation of a fief, containing a description of
DENIZE
To make a man a denizen or citizen
DENIZATION
The act of making one a denizen; the conferring of the privileges of citizenship upon an alien born. Cro. Jac. 540. See Denizen
DENIER A DIEU
In French law. Earnest money; a sum of money given in token of the completion of a bargain. The phrase is a translation of the Latin Denarius Dei, (q. v
DENIER
L. Fr. In old English law. Denial; refusal. Denier ls when the rent, (being demanded upon the land) is not paid. Finch, Law, b. 3, c. 5
DENARIUS
The chief silver coin among the Romans, worth 8d.; it was the seventh part of a Roman ounce. Also an English penny. The denarius was first coined five years before the first Punic war, B. C. 269. In later times a copper coin was called “denarius.” Smith, Dict. Antiq
DENARIATE
In old English law. As much laud as is worth one penny per annum
DEMY SANKE, DEMY SANGUE
Half-blood. A corruption of demi-sang.