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

Category: D

DE INJURIA

Of [his own] wrong. In the technical language of pleading, a replication de injuria is one that may be made iu an action of tort where the defendant has admitted the acts

DE LUNATICO INQUIRENDO

The name of a writ directed to the sheriff, directing him to Inquire by good and lawful men whether the party charged is a lunatic or not.

DE PIP A VINI CARIANDA

A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks

DE SECTA AD MOLENDINUM

Of suit to a mill. A writ which lay to compel one to continue his custom (of grinding) at a mill. 3 Bl. Comm. 235; Fitzh. Nat. Brev. 122, M.

DE UXORE RAPTA ET ABDUCTA

A writ which lay where a man’s wife had been ravished and carried away. A species of writ of trespass. Reg. Orig. 97; Fitzh. Nat Brev. 89. O; 3 Bl. Comm. 139.

DEADHEAD

This term is applied to persons other than the officers, agents, or employes of a railroad company who are permitted by the company to travel on the road without paying any fare

DEBITOR NON PRSESUMITUR DONARE

A debtor is not presumed to make a gift. Whatever disposition he makes of his property is supposed to be in satisfaction of his debts. 1 Kames, Eq. 212. Where a debtor

DECEIT

A fraudulent and cheating misrepresentation, artifice, or device, used by one or more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of

DECIMATION

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed “decimatio Iciiio- nis” by the Romans. Sometimes only the twentieth man was punished, (viccsimatio,) or the

DECLARE

To solemnly assert a fact before witnesses, e. g., where a testator declares a paper signed by him to be his last will aud testament. Lane v. Lane, 95 N. Y. 498.

DECREET OF VALUATION OF TEINDS

A sentence of the court of sessions, (who are now iu the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.

DEDI ET CONCESSI

I have given and granted. The operative words of conveyance in ancient charters of feoffment, and deeds of gift and grant; the English “given and granted” being still the most proper, though

DALE and SALE

Fictitious names of places, used In the English books, as examples. “The manor of Dale and the manor of Sale, lying both in Vale.”

DAMNUM REI AMISSAE

In the civil law. A loss arising from a payment made by a party in consequence of an error of law. Mackeld. Rom. Law,

DAY

1. A period of time consisting of twenty-four hours and including the solar day and the night. Co. Litt. 135a; Fox v. Abel, 2 Conn. 541. 2. The space of time which

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