Category: D

Just, proper, andsufficient care, so far as the circumstances demand it; ths absence of negligence. Thisterm, as usually understood in cases where the gist of the action is the defendant’snegligence, implies not

While the offense was fresh. A term employed in the old law of appeal of rape. Bract, fol. 147.

A double complaint. An ecclesiastical proceeding, which is in thenature of an appeal from an ordinary’s refusal to institute, to his next immediatesuperior; as from a bishop to the archbishop. If the

The wrongful imprisonment of a person, or the illegal restraintof his liberty, in order to compel him to do some act. 1 Bl. Comm. 130. 131, 130.137; 1 Steph. Comm. 137; 2

At .common law this phrase imports an indefinite failure ofissue, and not a dying without issue surviving at the time of the death of the first taker.But this rule has been changed

An instrument by which, through tlie medium of some third person acting as trustee,provision is made by a husband for separation from his wife and for her separatemaintenance. Whitney v. Whitney, 15

An imperfection in the style, manner, arrangement, or non-essentialparts of a legal instrument, plea, indictment, etc., as distinguished from a “defect ofsubstance.” See infra.

That which is offered and alleged by the party proceeded against in anaction or suit, as a reason in law or fact why the plaintiff should not recover or establishwhat he seeks;

Lat. Definition, or, more strictly, limiting or bounding; as In the maximof the civil law: Omnis definitio pcricu- losa est, parum est enim ut non subverti pos- sit,(Dig. 50, 17, 202;) I.

L. Fr. To waste.

Lat. Choice of the person. By this term is understood theright of a partner to exercise his choice and preference as to the admission of any newmembers to the firm, and as

A delinquent provoked by auger ought to be punished more mildly.

In old English law. Death.

In conveyancing. Mutual leases made from one party toanother on each side, of the same land, or something out of it; as when A. grants a lease to B.at a nominal rent,

An ancient general term for any sort of pecunia numerata, or ready money.The French use the word “denier” in the same sense,

In Spanish law. The denouncement of a new work; being a proceeding to restrain theerection of some new work, as, for instance, a building which may, If completed, Injuriouslyaffect the property of

In old English law. A species of waste by which the population ofthe kingdom was diminished. Depopulation of houses was a public offense. 12 Coke,30, 3L

To appoint a deputy; to appoint or commission one to act as deputy toan officer. In a general sense, the term is descriptive of empowering one person to actfor another in any

The devolving of realty upon the heir on the death of his ancestor intestate.

Contempt. See DESPITE. A contemptible person. Fleta, lib. 4, c. 5.