The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: D

DEATH WATCH

A special guard set to watch a prisoner condemned to death, for some days before the time for the execution, the special purpose being to prevent any escape or any attempt to

DEBITA LAICORUM

L. Lat. In old English law. Debts of the laity, or of lay persons. Debts recoverable in the civil courts were anciently so called. Crabb. Eng. Law, 107.

DEBTOR’S ACT 1869

The statute 32 & 33 Vict. c. 62, abolishing imprisonment for debt in England, and for the punishment of fraudulent debtors. 2 Steph. Comm. 159-164. Not to be confounded with the Bankruptcy

DECERN

In Scotch law. To decree. “Decernit and ordainit.” 1 IIow. State Tr. 927. “Decerns.” Shaw, 16.

DECLARATION

In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause

DECLINATION

In Scotch law. A plea to the Jurisdiction, on the ground that the judge Is interested in the suit.

DECREE OF NUDITY

One entered in a suit for the annuilment of a marriage, and adjudging the marriage to have been null and void ab initio. See NUIXITY.

DECRETO

In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign, in relation to ecclesiastical matters. Schm. Civil Law, 93, note.

DEDUCTION

By “deduction” is understood a portion or thing which an heir has a right to take from the mass of the succession before any partition takes place. Civil Code La. art. 1358.

D C

An abbreviation standing either for “District Court,” or “District of Columbia.”

DAMAGE-DEER

A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen’s bench and exchequer, out of all damages exceeding five marks recovered in those courts,

DAMNUM ABSQUE INJURIA

Loss, hurt, or harm without injury in the legal sense, that is, without such an invasion of rights as is redressible by an action. A loss which does not give rise to

DAY CERTAIN

A fixed or appointed day; a specified particular day; a day in term. Regina v. Con.vers, 8 Q. B. 991.

DE aiSTIMATO

In Roman law. One of the innominate contracts, and, in effect, a sale of land or goods at a price fixed, (wsti- mato,) and guarantied by some third party, who undertook to

DE AVERIIS CAPTIS IN WITHER NAMIUM

Writ for taking cattle in withernam. A writ which lay where the sheriff returned to a plurics writ of replevin that the cattle or goods, etc., were eloinetl, etc.; by which he

DE CORRODIO HABENDO

Writ for having a corody. A writ to exact a eonxly from a religious house. Reg. Orig. 264, Fitzh. Nat. Brev. 230. See CORODY.

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