Legal Articles

DE FAIRE ECHELLE

In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend. (N. Y.) 491.

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DE HOMINE CAPTO IN WITHERNAM

(Lat. For taking a man in withernam.) A writ to take a man who had carried away a bondman or bondwoman into another country beyond the reach of a writ of replevin.

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DE LA PLOTS BEALE, or BELLE

L. Fr. Of the most fair. A term applied to a species of dower, which was assigned out of
the fairest of the husband’s tenements. Litt.

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DE MERCATORIBUS

“Concerning merchants.” The name of a statute passed in the eleventh year of Edw. I. (1233.) more commonly called the “Statute of Acton Bur- nel,” authorizing the recognizance by statute merchant. See 2 Reeve, Eng. Law, 100-102; 2 Bl. Comm. 101.

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DE ONERANDO PRO RATA FOBTIOME

Writ for charging according to a rateable proportion. A writ which lay for a joint
tenant, or tenant in common, who was distrained for more rent than his proportion of
tlie land came to. Reg. Orig. 182; fitzh. Nat Brev. 234, H.

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DE PRiESENTI

Of the present; in the present tense. See PER VERBA DE I’R.ESENTI.

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DE REPARATIONE FACIENDA

A writ by which one tenant in common seeks to compel another to aid in repairing the property held in common. 8 Barn. & C. 209.

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DE TABULIS EXHIBENDIS

Of showing the tablets of a will. Dig. 43, 5.

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DE WARRANTIA DIEI

A writ that lay where a man had a day in any action to
appear in proper person, and the king at that day. or before, employed him in some
service, so that he could not appear at the day in court. It was directed to the justices,
that they should not record him to be in default for his not appearing. Fitzh. Nat Brev.
17, A; Termes de la Ley.

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DEALER

A dealer, in the popular, and therefore in the statutory, sense of the word, is
not one who buys to keep, or makes to sell, but one who buys to sell again. Norris v.
Com., 27 Pa. 490; Com. v. Campbell, 33 Pa. 380.

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DEBET ESSE FINIS LITIUM

There ought to be an end of suits; there should be some period put to litigation. Jenk. Cent. 61.

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DEBITUM IN FRSSENTI SOLVEN- DUM IN FUTURO

A debt or obligation complete when contracted, but of which the performance cannot be required till some future period.

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DECEASE

n. Death; departure from life, not including civil death, (see DEATH.) In re Zeph’s Estate, 50 Ilun, 523, 3 N. Y. Supp. 400.

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DECIMSE DE DEEIMATIS SOLVI NON DEBENT

Tithes are not to be paid from that which is given for tithes.

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DYING DECLARATIONS

Statements made by a person who is lying at the point of
death, and is conscious of his approaching dissolution, in reference to the manner in
which he received the injuries of which he is dying, or other immediate cause of his
death, and in reference to the person who inflicted such injuries or the connection with
such injuries of a person who is charged or suspected of having committed them; which
statements are admissible in evidence in a trial for homicide where the killing of the
declarant is the crime charged to the defendant. Simons v. People, 150 III. 06, 36 N. E.
1019; State v. Trusty, 1 Pennewill (Del.) 319. 40 Atl. 706; State v. Jones, 47 La. Ann.
1524, 18 South. 515; Bell v. State, 72 Miss. 507. 17 South. 232; People v. Fuhrig, 127
Cal. 412, 59 Pac. 093; State v. Parham, 48 La. Ann. 1309, 20 South. 727.

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DECOY LETTER

A letter prepared and mailed for the purpose of detecting a criminal,
particularly one who is perpetrating frauds upon the postal or revenue laws. U. S. v.
Whittier,5 Dill. 30, Fed. Cas. No. 10.08S.

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DECREPIT

This term designates a person who is disabled, incapable, or incompetent,
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 ordinary health and strength. Hall v. State, 16
Tex. App. 11, 4’J Am. Rep. 824.

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DEDICATION

In real property law. An appropriation of land to some public use,made by the owner, and accepted for such use by or on behalf of the public; a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. People v. Marin County, 103 Cal. 223, 37 Pac. 203, 20 L. It. A. 0D9; Grogan v. Hayward (C. C.) 4 Fed. 101; Gown. Philadelphia Exch. Co., 5 Watts & S. (Pa.) 141, 40 Am. Dec. 4S9; Alden Coal Co. v.Challis, 200 111. 222, 05 N. E. 0t>5; Barteau v. West, 23 Wis. 416; Wood v. Kurd, 34N. J. Law, 87.Express or implied. A dedication may be express, as where the intention to dedicate is expressly manifested by a deed or an explicit oral or written declaration of the owner,or some other explicit manifestation of his purpose to devote the land to the public use.An implied dedication may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that lie intended a dedication. Culuier v. Salt Lake City, 27 I’tali, 252, 75 l’ac. 020; San Antonio v. Sullivan, 23 Tex. Civ. App. 019, 57S. W. 42; Kent v. Pratt, 73 Conn. 573. 4S Atl. 418; Hurley v. West St. Paul. 83 .Minn.401. SO N. W. 427; People v. Marin County, 103 Cal. 223. 37 l’ac. 203, 20 L. It. A. 059.Common-law or statutory. A common- law dedication is one made as above described, and may be either express or implied. A statutory dedication is one made under and in conformity with the provisions of a statute regulating the subject, and is of course necessarily express. San Antonio v. Sullivan, 23 ‘l’ex. Civ. App. 019, 57 S.W. 42; People v. Marin County, 103 Cal. 223, 37 1′ac. 203, 20 L. It. A. 059.In copyright law. The first publication of a work, without having secured a copyright, is a dedication of it to the public; that having been done, any one may republish it.Bartlett v. Crittenden, 5 McLean, 32, Fed. Cas. No. 1,076.

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