DISINTERESTED WITNESS. One who has no interest in the cause or
matter in issue, and who is lawfully competent to testify.

  2. In North Carolina and Tennessee, wills to pass lands must be
attested  by  disinterested  witnesses.  See  Attesting  Witness;
Competent Witness;   Credible  Witness;  Respectable Witness, and

   DISJUNCTIVE TERM.  One which is placed between two contraries,
by the affirming of one of which, the other is taken away:  it is
usually expressed  by the  word or. Vide 3 Ves. 450;  7 Ves. 454;
2 Rop.  Leg. 290.;   1  P. Wms. 433;  2 Cox, Rep. 213;  2 P. Wms.
283 2  Atk. 643;  6 Ves. 341;  2 Ves. sr. 67;  2 Str. 1175;  Cro.
Eliz. 525;  Pollexf. 645;  1 Bing. 500;  3 T. R. 470;  1 Ves. sr.
409;  3 Atk. 83, 85;  Ayl. Pand. 56;  2 Miles, Rep. 49.

  2. In the civil law, when a legacy is given to Caius or Titius,
the word  or is  considered and,  and both  Caius and  Titius are
entitled to  the legacy  in equal  parts. 6  Toull. n.  704.  See
Copulative term;   Construction,  subdivision, And;   Or..  Also,
Bac. Ab. Conditions, P 5.

   DISMES. Another  name for  tithes. Dime,  (q. v.)  a piece  of
federal money, is sometimes improperly written disme.

  TO DISMISS A CAUSE, practice. A term used in courts of chancery
for removing a cause out of court without any further hearing.

   DISOBEDIENCE. The  want of  submission  to  the  orders  of  a

  2. In the army, disobedience is a misdemeanor.

   3. For disobedience to parents, children may be punished;  and
apprentices may  be imprisoned  for disobedience  to  the  lawful
commands of their master. Vide Correction.

   DISORDERLY HOUSE,  crim. law.  A house,  the inmates  of which
believe so badly as to become a nuisance to the neighborhood.

   2. The  keeper of  such house  may be  indicted for  keeping a
public nuisance.  Hardr. 344;  Hawk. b. 1, c. 78, s. 1 and 2 Bac.
Ab. Inns, A;  1 Russ. on Cr. 298;  1 Wheel. C. C. 290;  1 Serg. &
Rawle, 342;   2  Serg. &  Rawle, 298;   Bac. Ab. Nuisances, A;  4
Chit. BI.. Com. 167, 8, note. The hushand must be joined with the
wife in  an indictment  to suppress a disorderly house. Justice's
Case, Law 16;  1 Shaw, 146. Vide Bawdy house;  Ill fame.

   DISPARAGEMENT. An  injury by  union or  comparison  with  some
person or  thing of  inferior rank  or excellence;  as, while the
infant was  in ward,  by the  English law,  the guardian  had the

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power of  tendering him a suitable match without disparagement. 2
Bl. Com. 70.

  TO DISPAUPER, Eng. law. To deprive a person of the privilege of
suing in forma pauperis. (q. v.)

   2. When  a person  has been admitted to sue in forma pauperis,
and, before  the suit  is ended,  it appears  that the party. has
become the  owner of a sufficient estate real or personal, or has
been guilty of some wrong, he may be dispaupered.

   DISPENSATION. A relaxation of law for the benefit or advantage
of an  individual. In  the United States, no power exists, except
in the  legislature, to  dispense with law, and then it is not so
much a dispensation as a change of the law.

   TO DISPONE,  Scotch law.  This  is  a  technical  word,  which
implies,  it  is  said,  a  transfer  of  feudal  property  by  a
particular deed, and is not equivalent to the term alienate;  but
Lord Eldon  says, "with respect to the word dispone, if I collect
the opinions of a majority of the judgcs rightly, I am of opinion
that the  word dispone  would have  the same  effect as  the word
alienate.) (q. v.) Sandford on Entails, 179, note.

   DISPOSITION, French  law. This word has several accept-ations;
sometimes it  signifies the  effective marks  of the will of some
person;  and at others the instrument containing those marks.

   2. The dispositions of man make the dispositions of the law to
cease;   for example,  when  a  man  bequeaths  his  estate,  the
disposition he  makes of it, renders the legal disposition of it,
if he had died intestate, to cease.

   DISSEISED pleading.  This is  a word with a technical meaning,
which, when  inserted in  an indictment  for forcible  entry  and
detainer, has  all the force of the words expelled or unlawfully,
for the last is superfluous, and the first is implied in the word
disseised. 8 T. R. 357;  Cro. Jac. 32;  vide 3 Yeates' R. 39;  S.
C. 4 Dall. Rep. 212.

   DISSEISEE, torts.  One who is wrongfully put out of possession
of his lands.

   DISSEISIN, torts. The privation of seisin. It takes the seisin
or estate  from one man and places it in another. It is an ouster
of the  rightful owner from the seisin or estate in the land, and
the coinmencement of a new estate in the wrong doer. It may be by
abatement, intrusion,  discontinuance, or deforcement, as well as
by disseisin,  properly so  called. Every  dispossession is not a
disseisin. A disseisin, properly so called, requires an ouster of
the freehold. A disseisin at election is not a disseisin in fact;
2 Prest.  Abs. tit.  279, et  seq.;  but by admission only of the
injured party,  for the  purpose of  trying his  right in  a real
action. Co.  Litt. 277;   3  Greenl. 316;   4  N. H. Rep. 371;  5

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Cowen, 371;   6  John. 197;  2 Fairf. 309, 2 Greenl. 242;  5 Pet.
402;  6 Pick. 172.

   2. Disseisin may be effected either in corporeal inheritances,
or incorporeal.  Disseisin of  things corporcal,  as  of  houses,
lands, &c.,  must be  by entry  and actual  dispossession of  the
freehold;   as if a man enters, by force or fraud, into the house
of another, and turns, or at least, keeps him or his servants out
of possession.  Disseisin of  incorporeal hereditaments cannot be
an actual  dispossession,  for  the  subject  itself  is  neither
capable of actual bodily possession nor dispossession. 3 B1. Com.
169, 170. See 15 Mass. 495 6 John. R. 197;  2 Watts, 23;  6 Pick.
172 1  Verm. 155;  11 Pet. R. 41;  10 Pet. R. 414;  14 Pick. 374;
1 Dana's  R. 279;   2 Fairf. 408;  11 Pick. 193;  8 Pick. 172;  8
Vin. Ab. 79;  1 Swift's Dig. 504;  1 Cruise, *65;  Arch. Civ. Pl.
12;  Bac. Ab. h. t.;  2 Supp. to Ves. Jr. 343;  Dane's Ab. Index,
h. t.;  1 Chit. Pr. 374, note (r.)

  DISSEISOR, torts. One who puts another out of the possession of
his lands wrongfully.

   DISSENT, contracts. A disagreement to something which has been
done. It is express or implied.

   2. The law presumes that every person to whom a conveyance has
been made  has given  his assent to it, because it is supposed to
be for his benefit. To rebut the presumption, his dissent must be
expressed. Vide  4 Mason,  R. 206;   11 Wheat. R. 78;  1 Binn. R.
502;   2 Binn.  R. 174;   6  Binn. R.  338;  12 Mass. R. 456;  17
Mass. R. 552;  3 John. Ch. R. 261;  4 John. Ch. R. 136, 529;  and
dssent, and the authorities there cited.

   DISSOLUTION, contracts.  The dissolution of a contract, is the
annulling its effects between the contracting parties.

   2. This dissolution of a partnership, is the putting an end to
the partnership.  Its dissolution  does not affect contracts made
between the.  partners and  others;  so that they are entitled to
all their rights, and they are liable on their obligations, as if
the partnership  had not been dissolved. Vide article Partnership
and 3  Kent, Com.  27 Dane's  Ab. h. t.;  Gow on Partn. Index, h.
t.;  Wats. on Partn. h. t.;  Bouv. Inst. Index, h. t.

   DISSOLUTION, practice. The act of rendering a legal proceeding
null, or  changing its  character;   as, a  foreign attachment in
Pennsylvania is:   dissolved  by entering  bail  to  the  action.
Injunctions are dissolved by the court.

  TO DISSUADE, crim. law. To induce a person not to do an act.

   2. To dissuade a witness from giving evidence against a person
indicted, is  an indictable offence at common law. Hawk. B. 1, c.
2 1,  s. 1  5. The  mere attempt  to  stifle  evidence,  is  also
criminal, although  the persuasion  should not  succeed,  on  the

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general principle  that an  incitement to  commit a  crime, is in
itself criminal.  1 Russ. on Cr. 44;  6 East, R. 464;  2 East, R.
6, 21;  2 Str. 904;  2 Leach, 925. Vide To Persuade.

   DISTRACTED PERSON,  This term  is  used  in  the  statutes  of
Illinois;   Rev. Laws  of Ill.  1833, p. 332;  and New Hampshire;
Dig. Laws of N. H. 1830, p. 339;  to express a state of insanity.

   TO DISTRAIN.  To take an keep any personal chattel in custody,
as a distress. (q. v.)

   DISTRAINOR. One  who makes a distress of goods and chattels to
enforce some right.

   DISTRESS, remedies. A distress is defined to be, the taking of
a personal chattel, without legal process, from the possession of
the wrong  doer, into the hands of the party grieved, as a pledge
for the  redress of  an injury, the performance of a duty, or the
satisfaction of  a demand.  3 Bl.  Com. 6.  It is a general rule,
that a man who has an entire duty, shall not split the entire sum
and distrain  for part  of it  at one  time, and  part of  it  at
another time.  But if  a man seizes for the whole sum that is due
him, but  mistakes the value of the goods distrained, there is no
reason why  he should  not afterwards  complete his  execution by
making a further seizure. 1 Burr. 589. It is to be observed also,
that there  is an  essential  difference  between  distresses  at
common law  and distresses  prescribed by statute. The former are
taken nomine  penae, (q.  v.) as  a means  of compelling payment;
the  latter   are  similar   to  executions,  and  are  taken  as
satisfaction for  a duty. The former could not be sold the latter
might be. Their only similarity is, that both are replevisable. A
consequence of  this  difference  is,  that  averia  carucae  are
distrainable  in   the  latter  case,  although  there  be  other
sufficient distress. 1 Burr. Rep. 588.

   2. The remedy by distress to enforce the payment of arrears of
rent is  so frequently  adopted by  landlords, (Co. Lit. 162, b,)
that a  considerable space will be allotted to this article under
the following  heads:   1. The  several kinds of rent for which a
distress may  be made.  2. The  persons who  may make  it. 3. The
goods which may be distrained. 4. The time when a distress may be
made. 5.  In what  place it  may be made. 6. The manner of making
it, and  disposing of  the goods  distrained. 7.  When a distress
will be a waiver of a forfeiture of the lease.

   3. -  §1. Of  the rents for which a distress may be made. 1. A
distress may  generally be  taken for any kind of rent in arrear,
the detention  of which,  beyond the day of payment, is an injury
to him who is entitled to receive it. 3 Bl. Com. 6. The rent must
be reserved  out of a corporeal hereditament, and must be certain
in its  quantity, extent,  and time  of payment,  or at  least be
capable of being reduced to certainty. Co. Lit. 96, a.;  13 Serg.
& Rawle,  64;  3 Penn. R. 30. An agreement that the lessee pay no
rent, provided  he make  repairs, and the value of the repairs is

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uncertain, would  not authorize  the landlord to distrain. Addis.
347. Where  the rent is a certain quantity of grain, the landlord
may distrain  for so  many bushels in arrear, and name the value,
in order  that if  the goods  should not  be  replevied,  or  the
arrears tendered, the officer may know what amount of money is to
be raised by the sale, and in such case the tenant may tender the
arrears in  grain. 13  Serg. &  Rawle, 52;  See 3 Watts & S. 531.
But where  the tenant  agreed,  instead  of  rent,  to  render  "
one-half part  of all  the grain  of every kind, and of all hemp,
flax, potatoes, apples, fruit, and other produce of whatever kind
that should  be planted,  raised, sown  or produced, on or out of
the demised premises, within and during the terms,", the landlord
cannot, perhaps, distrain at all;  he cannot, certainly, distrain
for a  sum of  money, although  he and  the tenant may afterwards
have settled  their accounts,  and agreed  that the  half of  the
produce of  the land  should be  fixed in  money, for  which  the
tenant gave his note, which was not paid. 1 3 Serg. & Rawle, 5 2.
But in  another case  it was  held, that  on a  demise of a grist
mill, when  the lessee  is to  render one-third  of the toll, the
lessor may distrain for rent. 2 Rawle, 11.

   4. -  2. With  respect to  the amount of the rent, for which a
lessor may  in different cases be entitled to make a distress, it
may be laid down as a general rule, that whatever can properly be
considered as a part of the rent, may be distrained for, whatever
be the  particular mode in which it is agreed to be paid. So that
where a  person entered  into  possession  of  certain  premises,
subject to  the approbation of the landlord, which was afterwards
obtained, by  agreeing to  pay in  advance, rent from the time be
came into  possession, it  was, in  England, determined  that the
landlord might  distrain for  the whole  sum accrued  before  and
after the  agreement. Cowp.  784. For  on whatever day the tenant
agrees that the rent shall be due, the law gives the landlord the
power of distraining for it at that time. 2 T. R. 600. But see 13
S. &  R. 60.  In New  York, it  was determined, that an agreement
that the  rent should  be paid in advance, is a personal covenant
on which  an action  lies, but not distress. 1 Johns. R. 384. The
supreme court of Pennsylvania declined deciding this point, as it
was not  necessarily before  them. 13 Serg. & Rawle, 60. Interest
due on  rent cannot, in general, be distrained for;  2 Binn. 146;
but may  be recovered  from the  tenant by  action, unless  under
particular circumstances. 6 Binn. 159.

   5. -  §2. Of  the persons entitled to make a distress. 1. When
the landlord  is sole  owner of the property out of which rent is
payable to him, he may, of course, distrain in his own right.

  6. - 2. Joint tenants have each of them an estate in every part
of the  rent;  each may, therefore, distrain alone for the whole,
3 Salk.  207,  although  he  must  afterwards  account  with  his
companions for  their respective  shares of the rent. 3 Salk. 17;
4 Bing.  562;   2 Brod. & B. 465;  5 Moore, 297 Y. B. 15 H. VIII,
17, a;  1 Chit. Pr. 270;  1 Tho. Co. Litt. 783, note R;  Bac. Ab.
Account;   5 Taunt.  431;   2 Chit. R. 10;  3 Chit. Pl. 1297. But

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one joint tenant cannot avow solely, because the avowry is always
upon the  right, and the right of the rent is in all of them. Per
Holt, 3  Salk. 207.  They may  all join  in making  the distress,
which is the better way.

   7. -  3. Tenants in common do not, like joint tenants, hold by
one title  and by  one right,  but by  different titles, and have
several estates.  Therefore they should distrain separately, each
for his  share, Co.  Lit. s. 317, unless the rent be of an entire
thing, as  to render  a horse,  in which  case, the  thing  being
incapable of  division, they  must join.  Co. Lit.  197, a.  Each
tenant in  common is  entitled to  receive, from  the lessee, his
proportion of  the rent;   and  therefore, when  a person holding
under two  tenants in common, paid the whole rent to one of them,
after having received a notice to the contrary from the other, it
was held,  that the  party who  gave the  notice might afterwards
distrain. 5  T. R.  246. As  tenants in  common have  no original
privity of  estate between  them, as  to their respective shares,
one may  lease his part of the land to the other, rendering rent,
for which a distress may be made, as if the land had been demised
to a stranger. Bro. Ab. tit. Distress, pl. 65.

   8. -  4. It  may be, perhaps, laid down asa general rule, that
for rent  due in  right of  the wife,  the hushand  may  distrain
alone;   2 Saund. 195;  even if it accrue to her in the character
of executrix  or administratrix.  Ld. Raym.  369. With respect to
the remedies  for the  recovery of the arrears of a rent accruing
in right  of his wife, a distinction is made between rent due for
land, in  which the  wife has a chattel interest, and rent due in
land, in which she has an estate of freehold and inheritance. And
in some  cases, a further distinction must be made between a rent
accruing before  and rent  accruing after  the coverture. See, on
this subject, Co. Lit. 46, b, 300, a;  351, a;  1 Roll. Abr. 350;
stat;  32 Hen. VIII. c. 37, s. 3.

   9. -  5. A tenant by the curtesy, has an estate of freehold in
the lands  of his  wife, and in contemplation of law, a reversion
on all  land of  the wife  leased for  years or  lives,  and  may
distrain at common law for all rents reserved thereon.

  10. - 6. A woman may be endowed of rent as well as of land;  if
a hushand,  therefore, tenant  in fee,  make a  lease for  years,
reserving rent,  and die, his widow shall be endowed of one-third
part of  the reversion by metes and bounds, together with a third
part of  the rent.  Co. Litt.  32, a.  The rent  in this  base is
apportioned by  the act  of law,  and therefore  if  a  widow  be
endowed of  a third part of a rent in fee, she may distrain for a
third part  thereof, and  the heir  shall distrain  for the other
part of the rent. Bro. Abr. tit. Avowry, pl. 139.

   11. -  7. A tenant for his own life or that of another, has an
estate of  freehold, and  if he make a lease for years, reserving
rent, he  is entitled to distrain upon the lessee. It may here be
proper to remark, that at common law, if a tenant for life made a

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lease for  years, if  be should  so long live, at a certain rent,
payable quarterly,  and died  before the  quarter day, the tenant
was discharged  of that quarter's rent by the act of God. 10 Rep.
128. But  the 11  Geo. II.  c. 19,  s. 15, gives an action to the
executors or administrators of such tenant for life.

   12. -  8. By  the statute  32 Henry  VIII. c.  37, s.  1, "the
personal representatives of tenants in fee, tail, or for life, of
rent-service, rent-charge,  and rents-seek,  and fee  farms,  may
distrain for,  arrears upon the land charged with the payment, so
long as  the lands continue in seisin or possession of the tenant
in demesne,  who ought to have paid the rent or fee farm, or some
person claiming  under him  by purchase, gift or descent." By the
words of  the statute,  the distress  must be  made on  the lands
while in  the possession  of the  "tenant in  demesne,"  or  some
person claiming  under him,  by purchase,  gift or  descent;  and
therefore it  extends to the possession of those persons only who
claim under  the tenant,  and the  statute does  not comprise the
tenant in  dower or  by the  curtesy, for they come in, not under
the party, but by act of law. 1 Leon. 302.

   13. -  9. The  heir entitled to the reversion may distrain for
rent in arrear which becomes due after the ancestor's death;  the
rent does not become due till the last minute of the natural day,
and if  the ancestor  die between  sunset and midnight, the heir,
and not  the executor,  shall have the rent. 1 Saund. 287. And if
rent be  payable at  either of  two periods, at the choice of the
lessee, and  the lessor  die between them, the rent being unpaid,
it will go to the heir. 10 Rep. 128, b.

   14. -  10. Devisees,  like heirs,  may distrain  in respect of
their reversionary  estate;  for by a devise of the reversion the
rent will pass with its incidents. 1 Ventr. 161.

   15. -  11. Trustees  who have vested in them legal estates, as
trustees of a married woman, or assignees of an insolvent, may of
course distrain  in respect  of their  legal estates, in the same
manner as if they were beneficially interested therein.

   16. -  12. Guardians  may make leases of their wards' lands in
their, own  names, which  will be good during the minority of the
ward. and,  consequently, in respect of such leases, they possess
the same  power of  distress as  other persons granting leases in
their own rights. Cro. Jac. 55, 98.

   17. -  13. Corporations  aggregate should  generally make  and
accept leases  or other conveyances of lands or rent, under their
common seal.  But  if  a  lease  be  made  by  an  agent  of  the
corporation, not  under their  common seal,  although it  may  be
invalid as a lease, yet if the tenant hold under it, and pay rent
to the bailiff or agent of the corporation, that is sufficient to
constitute a  tenancy at  least from year to year, and to entitle
the corporation  to distrain  for rent.   New  Rep. 247.  But see

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   18. -  §3. Of  the things  which may or may not be distrained.
Goods found  upon the  premises demised to a tenant are generally
liable to  be distrained  by a  landlord for  rent, whether  such
goods in  fact belong  to the tenant or other persons. Coin. Dig.
Distress, B 1. Thus it has been held, that a gentleman's chariot,
which stood  in a coach-house belonging to a common livery stable
keeper, was  distrainable by the landlord for the rent due him by
the livery stable keeper for the coach-house. 3 Burr. 1498. So if
cattle are  put on  the tenant's land by consent of the owners of
the beasts,  they are  distrainable by  the landlord  immediately
after for  rent in  arrear. 3 Bl. Com. 8. But goods are sometimes
privileged from distress, either absolutely or conditionally.
 19.  First. Those  of the  first class  are  privileged,  1.  In
respect of  the owner  of 2.  Because no one can have property in
them. 3. Because they cannot be restored to the owner in the same
plight as  when taken. 4. Because they are fixed to the freehold.
5. Because  it is  against the  policy of law that they should be
distrained. 6.  Because they  are in  the custody  of the law. 7.
Because  they   are  protected   by  some   special  act  of  the

   20. -  1. The  goods of a person who has some interest, in the
land jointly  with the  distrainer, as  those of  a joint tenant,
although found  upon the land, cannot be distrained. The goods of
executors and  administrators, or of the assignee of an insolvent
regularly discharged  according to  law, cannot, in Pennsylvania,
be distrained  for more  than one  year's rent.  The goods  of  a
former tenant,  rightfully on  the land, cannot be distrained for
another's rent.  For example,  a tenant at will, if quitting upon
notice from  his landlord,  is  entitled  to  the  emblements  or
growing crops;  and therefore even after they are reaped, if they
remain on  the land  for the purpose of hushandry, they cannot be
distrained for  rent due  by the  second tenant. Willes, 131. And
they are  equally protected  in the hands of a vendee. Ibid. They
cannot be distrained, although the purchaser allow them to remain
uncut an  unreasonable time after the are ripe. 2 B. & B. 862;  5
Moore, 97, S. C.

   21. -  2. As every thing which is distrained is presumed to be
the property of the tenant, it will follow that things wherein no
man can  have an  absolute and  valuable property, as cats, dogs,
rabbits, and  all animals  ferae naturae,  cannot be  distrained.
Yet, if  deer, which  are of a wild nature, are kept in a private
enclosure, for the purpose of sale or profit, this so far changes
their nature  by reducing them to a kind of stock or merchandise,
that they may be distrained for rent. 3 B1. Com. 7.

   22. - 3. Such things as cannot be restored to the owner in the
same plight  as when  they were  taken, as  milk, fruit,  and the
like, cannot be distrained. 3 Bl. Com. 9.

  23.- 4. Things affixed or annexed to the freehold, as furnaces,
windows, doors,  and the like, cannot be distrained, because they

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are not  personal chattels,  but belong  to the realty. Co. Litt.
47, b. And this rule extends. to such things as are essentially a
part of the freehold, although for a time removed therefrom, as a
millstone removed to be picked;  for this is matter of necessity,
and it  still remains  in contemplation  of law,  a part  of  the
freehold. For  the same  reason an  anvil fixed in a smith's shop
cannot be  distrained. Bro.  Abr. Distress, pl. 23;  4 T. R. 567;
Willis, Rep. 512 6 Price's R. 3;  2 Chitty's R. 167.

   24. - 5. Goods are privileged in cases where the proprietor is
either compelled,  from necessity  to place  his goods  upon  the
land, or  where be  does so  for commercial  purposes. 17 S. & R.
139;   7 W. & S. 302;  8 W. & S. 302;  4 Halst. 110;  1 Bay, 102,
170;   2 McCord, 39;  3 B. & B. 75;  6 J. B. Moore, 243;  1 Bing.
283;   8 J.  B. Moore, 254;  2 C. & P. 353;  1 Cr. M. 380. In the
first case,  the goods  are exempt,  because  the  owner  has  no
option;  hence the goods of a traveller in an inn are exempt from
distress. 7  H. 7,  M. 1, p. 1.;  Hamm. N. 380, a.;  2 Keny. 439;
Barnes, 472;   1  Bl. R.  483;   3 Burr.  1408. In the other, the
interests of  the  community  require  that  commerce  should  be
encouraged, and  adventurers will  not engage in speculations, if
the property  embarked is  to be  made liable  for the payment of
debts they  never contracted.  Hence goods  landed at a wharf, or
deposited in  a warehouse  on storage,  cannot be  distrained. 17
Serg. &  Rawle, 138;   6 Whart. R. 9, 14;  9 Shepl. 47;  23 Wend.
462. Valuable  things in  the way  of trade  are  not  liable  to
distress;   as, a horse standing in a smith's shop to be shod, or
in a  common inn;  or cloth at a tailor's house to be made into a
coat;   or corn  sent to  a mill  to be  ground,  for  these  are
privileged and  protected for the benefit of trade. 3 Bl. Com. 8.
On the  same principle  it has  been decided, that the goods of a
boarder are  not liable  to be  distrained for  rent due  by  the
keeper of  a boarding  house;  5 Whart. R. 9;  unless used by the
tenant with  the boarder's  consent,  and  without  that  of  the
landlord:  1 Hill , 565.

  25. - 6. Goods taken in execution cannot be distrained. The law
in some  states gives the landlord the right to claim payment out
of the proceeds of an execution for rent, not exceeding one year,
and he is entitled to payment up to the day of seizure, though it
be in  the middle  of a quarter 2 Yeates, 274;  5 Binn. 505;  but
he is not entitled to the day of sale. 5 Binn. 505. See 18 Johns.
R. 1.  The usual practice is, to give notice to the, sheriff that
there is  a certain  sum due  to the landlord as arrears of rent;
which notice  ought to  be given  to the  sheriff, or  person who
takes the  goods in  execution upon  the premises for the sheriff
is, not  bound to  find out whether rent is due, nor is he liable
to an  action, unless  there has been a demand of rent before the
removal. 1  Str. 97,  214;   3 Taunt. 400 2 Wils. 140;  Com. Dig.
Rent, D  8;   11 Johns.  R. 185.  This notice can be given by the
immediate landlord  only a ground landlord is not entitled to his
rent out  of the  goods of the under tenant taken in execution. 2
Str. 787. And where there are two executions, the landlord is not
entitled  to  a  year's  rent  on  each.  See  Str.  1024.  Goods

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distrained and  replevied may  be distrained  by another landlord
for subsequent rent. 2 Dall. 68.

   26.-7. By  some special acts of the legislature it is provided
that tools of a man's trade, some designated household furniture,
school books,  and the  like, shall  be exempted  from  distress,
execution,  or   sale.  And  by  a  recent  Act  of  Assembly  of
Pennsylvania, April  9, 1849,  property to  the  value  of  three
hundred  dollars,   exclusive  of  all  wearing  apparel  of  the
defendant and  his family, and all bibles and school books in use
in the  family, are  exempted from levy and sale on execution, or
by distress for rent.

  27. - Secondly. Besides the above mentioned goods and chattels,
which are  absolutely privileged  from distress, there are others
which are  conditionally so,  but which  may be  distrained under
certain circumstances.  These are, 1. Beasts of the plough, which
are exempt  if there be a sufficient distress besides on the land
whence the  rent issues. Co. Litt. 47, a;  Bac. Abr. Distress, B.
2. Implements  of trade;  as, a loom in actual use;  and there is
a sufficient  distress besides.  4 T.  R. 565. 3. Other things in
actual use,;   as,  a horse whereon a person is riding, an axe in
the hands of. a person cutting wood, and the like. Co. Litt. 4 7,

  28. - §4. The time when a distress may be made. 1. The distress
cannot be  made till  the rent  is due by the terms of the lease;
as reat  is not  due until  the last minute of the natural day on
which it  is reserved, it follows that a distress for rent cannot
be made  on that  day. 1  Saund. 287;   Co.  Litt. 47, b. n. 6. A
previous demand  is not  generally necessary, although there be a
clause in  the lease,  that the  lessor may  distrain for  rent,"
being lawfully  demanded Bradb.  124;   Bac. Abr.  Rent, 1;   the
making of  the distress  being a demand though it is advisable to
make such  a demand.  But where  a lease  provides for  a special
demand;  as, if the clause were that if the rent should happen to
be behind  it should be demanded at a particular place not on the
land;   or be  demanded of  the person  of the tenant;  then such
special demand  is necessary  to support  the distress. Plowd. 69
Bac. Abr. Rent, I.

   29. -  2 A  distress for  rent can only be made during the day
time. Co. Litt. 142, a.

   30. -  3. At common law a distress could not be made after the
expiration of  the lease  to remedy  this evil the legislature of
Pennsylvania passed  an act  making it  "lawful  for  any  person
having any rent in arrear or due upon any lease for life or years
or at  will, ended  or determined,  to distrain  for such arrears
after the  determination of  the said  respective leases,  in the
same manner  as they  might have done, if such lease had not been
ended:     provided,  that  such  distress  be  made  during  the
continuance of  such lessor's  title or  interest.", Act of March
21, 1772, s. 14, 1 Smith's Laws of Penna. 375. 4. In the city and

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county  of   Philadelphia,  the   landlord  may,   under  certain
circumstances, apportion his rent, and distrain before it becomes
due. See act of March 25, 1825, s. 1, Pamph. L. 114.

   31. -  §5. In  what place a distress may be made. The distress
may be  made upon  the land, or off the land. 1. Upon the land. A
distress generally follows the rent, and is consequently confined
to the  land out  of which  it issues.  If two  pieces  of  land,
therefore, are  let by  two separate  demises, although  both  be
contained in one lease, a joint distress cannot be made for them,
for this would be to make the rent of one issue out of the other.
Rep. Temp. Hardw. 245;  S. C. Str. 1040. But where lands lying in
different counties  are let together by one demise, at one entire
rent, and  it does  not appear  that the  lands are separate from
each other,  one distress  may be  made for  the whole  rent. Ld.
Raym. 55;   S.  C. 12  Mod. 76.  And, where  rent is charged upon
land, which is afterwards held by several tenants, the grantee or
landlord may distrain for the whole upon the land of any of them;
because the  whole rent  is deemed  to issue out of every part of
the land.  Roll. Abr.  671. If  there be a house on the land, the
distress may  be made  in the house;  if the outer door or window
be open,  a distress  may be taken out of it. Roll. Abr. 671. And
if an  outer door  be open,  an inner door may be broken open for
the purpose  of taking  a distress.  Comb. 47;   Cas. Temp. Hard.
168. Barges on a river, attached to the leased premises (a wharf)
by ropes,  cannot be  distrained. 6 Bingh. 150;  19 Eng. Com. Law
R. 36.

   32. -  2. Off  the land.  By the  5th and  6th sections of the
Pennsylvania act  of assembly  of March 21, 1772, copied from the
11 Geo.  II. c.  19, it  is enacted, that if any tenant for life,
years, at will, or otherwise, shall fraudulently or clandestinely
convey his  goods off  the premises  to prevent the landlord from
distraining the  same, such person, or any person by him lawfully
authorized, may,  within thirty days after such conveyance, seize
the same,  wherever they  shall be  found, and dispose of them in
such manner  as if  they had  been distrained  on  the  premises.
Provided, that  the landlord  shall not  distrain any goods which
shall have  been previously  sold, bona  fide, and for a valuable
consideration, to  one not  privy to  the fraud.  To bring a case
within the  act, the  removal must  take  place  after  the  rent
becomes due,  and must  be secret, not made in open day, for such
removal cannot  be said  to be  clandestine within the meaning of
the act.  3 Esp.  N. P.  C. 15;   12 Serg. & Rawle, 217;  7 Bing.
422;  1 Moody & Malkin, 585. It has however been made a question,
whether goods are protected that were fraudulently removed on the
night before the rent had become due. 4 Camp. 135. The goods of a
stranger cannot  be pursued;   they  can be distrained only while
they are, on the premises. 1 Dall. 440.

  33. - §6. Of the manner of making a distress. 1. A distress for
rent may  be made  either by  the person  to whom  it is due, or,
which is  the preferable  mode, by  a constable,  or bailiff,  or
other officer properly authorized by him.

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   34. -  2. If  the distress  be made  by  a  constable,  it  is
necessary that  he should be properly authorized to make it;  for
which purpose  the landlord  should give him a written authority,
or;   as it  is usually  called, a  warrant of  distress;   but a
subsequent assent  and recognition  given by  the party for whose
use the distress has been made, is sufficient. Hamm. N. P. 382.

  35. - 3. When the constable is thus provided with the requisite
authority to  make a  distress, he,  may distrain  by seizing the
tenant's goods,  or some  of them  in the  name of the whole, and
declaring that  he takes them as a distress for the sum expressed
in the  warrant to be due by the tenant to the landlord, and that
he takes  them by  virtue of  the said warrant;  which warrant he
ought, if required, to show. 1 Leon. 50.

   36. -  4. When making the distress it ought to be made for the
whole rent;  but if goods cannot be found at the time, sufficient
to satisfy  the rent, or the party mistake the value of the thing
distrained, he may make a second distress. Bradb. 129, 30;  2 Tr.
& H. Pr. 155;  supra 1.

   37. -  5. As  soon as  a distress is made, an inventory of the
goods distrained  should be  made, and  a copy of it delivered to
the tenant,  together with a notice of taking such distress, with
the cause  for taking  the same. This notice of taking a distress
is not required by the statute to be in writing;  and, therefore,
parol or  verbal notice  may be given either to the tenant on the
premises, or  to the  owner of  the goods distrained. 12 Mod. 76.
And although  notice is  directed by the act to specify the cause
of taking,  it is  not material  whether it  accurately state the
period of  the rent's becoming due;  Dougl. 279;  or even whether
the true  cause of taking the goods be expressed therein. 7 T. R.
654. If  the notice be not personally given, it should be left in
writing at  the tenant's house, or according to the directions of
the act,  at the  mansion-house or  other most notorious place on
the premises charged with the rent distrained for.

   38. -  6. The  distrainor may leave or impound the distress on
the premises  for the five days mentioned in the act, but becomes
a trespasser  after that time. 2 Dall. 69. As in many cases it is
desirable for the sake of the tenant that the goods should not be
sold as  soon as  the law permits, it is usual for him to sign an
agreement or  consent to  their remaining  on the  premises for a
longer time,  in the custody of the distrainor, or of a person by
him appointed  for that  purpose. While  in his  possession,  the
distrainor cannot use or work cattle distrained, unless it be for
the owner's benefit, as to milk a cow, or the like. 5 Dane's Abr.

   39. -  7. Before  the goods are sold they must be appraised by
two reputable free-holders, who shall take an oath or affirmation
to be  administered by the sheriff, under-sheriff, or coroner, in
the words mentioned in the act.

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   40. -  8. The next requisite is to give six days public notice
of the  time and  place of  sale of the things distrained;  after
which, if  they have  not been replevied, they may be sold by the
proper officer,  who may  apply the  proceeds to  the payment and
satisfaction of  the rent,  and the  expenses  of  the  distress,
appraisement and  sale. The  over-plus, if  any, is to be paid to
the tenant.

   41. -  §7. When a distress will be a waiver of a forfeiture of
the lease.  On this  subject, see  1 B. & Adol. 428. The right of
distress, it  seems, does  not exist in the New England states. 4
Dane's Ab.  126;   7 Pick.  R. 105;   3 Griff. Reg 404;  4 Griff.
Reg. 1143;   Aik.  Dig. 357,  nor in  Alabama, Mississippi, North
Carolina, nor  Ohio;   and in Kentucky, the right is limited to a
distress for  a pecuniary rent. 1 Hill. Ab. 156. Vide, generally,
Bouv. Inst.  Index, h  . t.;  Gilb. on Distr. by Hunt;  Bradb. on
Distr.;   Com. Dig.  h. t.;   Bac. Ab. h. t.;  Vin. Ab. h. t.;  2
Saund. Index,  h. t.;  Wilk. on Repl.;  3 Chit. Bl. Com. 6, note;
Crabb on R. P. §222 to 250.

   DISTRESS INFINITE,  English practice. A process commanding the
sheriff to  distrain a  person from time to time, and continually
afterwards, by  taking his goods by way of pledge, to enforce the
performance of  something due  from the party distrained upon. In
this case,  no distress  can be immoderate, because, whatever its
value may  be, it  cannot be  sold,  but  is  to  be  immediately
restored  on  satisfaction  being  made.  3  Bl.  Com.  231.  See

   DISTRIBUTION. By  this term  is understood  the division of an
intestate's estate according to law.

   2. The  English statute of 22 and 23 Car. II. c. 10, which was
itself probably  borrowed from  the 118th  Novel of Justinian, is
the foundation  of, perhaps,  most acts  of distribution  in  the
several states.  Vide 2  Kent, Com.  342, note;  8 Com. Dig. 522;
11 Vin. Ab. 189, 202;  Com. Dig. Administration, H.

   DISTRIBUTIVE JUSTICE.  That virtue,  whose  object  it  is  to
distribute rewards  and punishments to every one according to his
merits or demerits. Tr. of Eq. 3;  Lepage, El. du Dr. ch. 1, art.
3, §2 1 Toull. n. 7, note. See Justice.

   DISTRICT. A certain portion of the country, separated from the
rest for some
special purposes.  The United  States are  divided into  judicial
districts, in  each of  which is  established a  district  court;
they are  also  divided  into  election  districts;    collection
districts, &c.

appointed, in  each judicial  district, a meet person, learned in
the law,  to act  as  attorney  of  the  United  States  in  such

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district,  who  shall  be  sworn  or  affirmed  to  the  faithful
execution of  his office.  Act of  September 24,  1789, s.  35, 1
Story's Laws, 67.
 2.  His duty is to prosecute, in such district, all delinquents,
for crimes  and offences  cognizable under  the authority  of the
United States,  and all  civil actions in which the United States
shall be  concerned, except in the supreme court, in the district
in which that court shall be holden. Ib.

   3. Their  salaries vary  in different districts. Vide Gordon's
Dig. art.  403. By  the Act  of March 3, 1815, 2 Story's L. U. S.
1530, district  attorneys are  authorized to appoint deputies, in
certain cases,  to sue  in the  state courts. See Deputy District

   DISTRICT COURT.  The name  of one  of the courts of the United
States. It is held by a judge, called the district judge. Several
courts under  the  same  name  have  been  established  by  state
authority. Vide Courts of the United States.

   DISTRICT OP  COLUMBIA. The  name of a district of country, ten
miles  square,   situate  between  the  states  of  Maryland  and
Virginia,  over  which  the  national  government  has  exclusive
jurisdiction.  By  the  constitution,  congress  may  "  exercise
exclusive  jurisdiction   in  all  cases  whatsoever,  over  such
district, not  exceeding ten miles square, as may, by, cession of
particular states,  and the  acceptance of  congress, become  the
seat of  government of  the United  States." In pursuance of this
authority, the  states of  Maryland and  Virginia, ceded  to  the
United States, a small territory on the banks of the Potomac, and
congress, by  the Act of July 16, 1790, accepted the same for the
permanent seat  of the  government of  the United States. The act
provides for  the removal of the seat of government from the city
of Philadelphia  to the District of Columbia, on the first Monday
of December,  1800. It  is also  provided, that  the laws  of the
state, within  such  district,  shall  not  be  affected  by  the
acceptance,  until   the  time  fixed  for  the  removal  of  the
government thereto,  and until  congress shall  otherwise by  law

   2. It seems that the District of Columbia, and the territorial
districts of the United States, are not states within the meaning
of the  constitution, and of the judiciary act, so as to enable a
citizen thereof  to sue  a citizen  of one  of the  states in the
federal courts. 2 Cranch, 445;  1 Wheat, 91.

   3. By the Act of July 11, 1846, congress retroceded the county
of Alexandria,  part of the District of Columbia, to the state of

     DISTRINGAS,  remedies.  A  writ  directed  to  the  sheriff,
commanding him  to distrain  one of  his goods  and chattels,  to
enforce his  compliance of  what is  required of  him, as for his
appearance in  a court  on such  a day,  and the  like. Com. Dig.

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Process, D  7;  Chit. Pr. Index, h. t. Sellon's Pr. Index, h. t.;
Tidd's Pr.  Index, h.  t. 11  East, 353.  It is  also a  form  of
execution in  the action  of detinue,  and  assize  of  nuisance.
Registrum Judiciale,  56;   1 Rawle,  44, 48;   Bro. Abr. pl. 26;
22;   H. VI.  41. This  writ  is  likewise  used  to  compel  the
appearance of a corporation agregate. 4 Bouv. Inst. n. 4191.

     DISTURBANCE,  torts.   A  wrong   done  to   an  incorporeal
hereditament, by  hindering  or  disquieting  the  owner  in  the
enjoyment of  it. Finch. L. 187;  3 Bl. Com. 235;  1 Swift's Dig.
522;   Com. Dig. Action upon the case for a disturbance, Pleader,
3 I 6;  1 Serg. & Rawle, 298.

  DIVIDEND. A portion of the principal, or profits, divided among
several owners of a thing.

   2. The  term is usually applied to the division of the profits
arising out  of bank  or other stocks;  or to the division, among
the creditors, of the elects of an insolvent estate.

   3. In  another sense,  according to  some old  authorities, it
signifies one part of an indenture. T. L.

  DIVISIBLE. The susceptibility of being divided.

   2. A  contract cannot, in general, be divided in such a manner
that an  action may  be brought,  or a right accrue, on a part of
it. 2  Penna. R.  454. But  some  contracts  are  susceptible  of
division, as  when a reversioner sells a part of the reversion to
one man, and a part to another, each shall have an action for his
share of  the rent,  which may  accrue on  a contract,  to pay  a
particular rent  to the  reversioner. 3  Whart.  404;    and  see
Apportionment. But  when it  is to  do several things, at several
times, an  action will  lie upon  every default. 15 Pick. R. 409.
See 1 Greenl. R. 316;  6 Mass. 344. See Entire.

   DIVISION, Eng.  law. A  particular and  ascertained part  of a
county. In  Lincolnshire, division  means  what  riding  does  in

  DIVISION OF OPINION. When, in a company or society, the parties
having a  right to  vote are  so divided  that  there  is  not  a
plurality of the whole in favor of any particular proposition, or
when the  voters are  equally  divided,  it  is  said  there.  is
division of opinion.

  2. In such a case, the Roman law, which seems founded in reason
and common  sense, directs, that when the division relates to the
quantity of things included, as in the case of a judgment, if one
of three  judges votes  for condemning  a man  to a  fine of  one
hundred dollars,  another, to one of fifty dollars, and the third
to twenty-five,  the opinion  or vote  of;  the last shall be the
rule for  the judgment;   because  the votes  of all  the  others
include that  of the  lowest;  this is the case when unanimity is

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required. But  when the  division of  opinions does not relate to
the quantity  of things,  then it is always to be in favor of the
defendant. It  was a  rule among  the Romans that when the judges
were equal  in number, and they were divided into two opinions in
cases of  liberty, that  opinion which favored it should prevail;
and in other cases, it should be in favor of the defendant. Poth.
Pand. liv. L. n. MDLXXIV.

   3. When  the judges of a court are divided into three classes,
each holding  a different  opinion,  that  class  which  has  the
greatest number  shall give  the judgment;   for  example,  on  a
habeas corpus,  when a  court is composed of four judges, and one
is for  remanding the prisoner, another is for discharging him on
his  own   recognizance,  and  two  others  for  discharging  him
absolutely,  the   judgment  will  be,  that  he  be  discharged.
Rudyard's Case, Bac. Ab. Habeas Corpus, B 10, Court 5.

  4. It is provided, by the Act of Congress of April 29, 1802, s.
6, that whenever any question shall occur before a circuit court,
upon which the opinions of the judges shall be opposed, the point
upon which  the disagreement  shall happen shall, during the same
term, upon  the request  of either  party, or  their counsel,  be
stated, under  the direction  of the judges, and certified, under
the seal  of the  court, to  the supreme  court,  at  their  next
session to  be hold  thereafter, and shall, by the said court, be
finally decided. And the decision of the supreme court, and their
order in  the premises,  shall be, remitted to the circuit court,
and be  there entered  *of record and shall have effect according
to the  nature of  the said  judgment and  order:  Provided, That
nothing herein contained shall prevent the cause from proceeding,
if, in  the opinion  of the court, further proceedings can be had
without prejudice  to the  merits:    And  Provided,  also,  That
imprisonment shall  not be allowed, nor punishment in any case be
inflicted, where  the judges  of the  said court  are divided  in
opinion upon  the question  touching  the  said  imprisonment  or
punishment. See 5 N. S. 407.

  DIVORCE. The dissolution of a marriage contracted between a man
and  a   woman,  by   the  judgment   of  a  court  of  competent
jurisdiction, or  by an  act of  the legislature. It is so called
from the  diversity of  the  minds  of  those  who  are  married;
because such  as are  divorced go  each a  different way from the
other. Ridley's  Civ. & Eccl. Law, pp. 11, 112. Until a decree of
divorce be  actually made,  neither party  can treat the other as
sole, even  in cases  where the marriage is utterly null and void
for  some   preexisting  cause.  Griffiths  v  Smith,  D.  C.  of
Philadelphia, 3  Penn. Law Journal, 151, 153. A decree of divorce
must also  be made during the lifetime of both the parties. After
the decease of either the marriage will be deemed as legal in all
respects. Reeves"  Dom. Rel.  204;   1 Bl.  Com. 440.  See Act of
Pennsylvania, March 13, 1815, §5.

  2. Divorces are of two kinds;  1. a vinculo matrimonii, (q. v.)
which dissolves  and totally  severs the marriage tie;  and, 2. a

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mensa et thoro, (q. v.) which merely separates the parties.

   3. -  1. The  divorce a  vinculo  was  never  granted  by  the
ecclesiastical law  except for  the most  grave  reasons.  These,
according  to   Lord  Coke,   (Co.  Litt.   235,  a,)  are  causa
praecontractus, causa metus, causa impotentiae, seu frigiditatis,
causa affinitatis,  et causa  consanguinitatis. In England such a
divorce bastardizes the issue, and generally speaking, is allowed
only on  the ground  of some preexisting cause. Reeves' Dom. Rel.
204-5;   but sometimes  by act  of parliament  for a supervenient
cause. 1  Bl. Com.  440. When  the  marriage  was  dissolved  for
canonical causes  of impediment,  existing previous to its taking
place, it was declared void ab initio.

   4. In the United States, divorces a vinculo are granted by the
state legislatures for such causes as may be sufficient to induce
the members  to vote  in favor  of granting  them;   and they are
granted by  the courts  to which  such jurisdiction is given, for
certain causes particularly provided for by law.

  5. In some states, the legislature never grants a divorce until
after the courts have decreed one, and it is still requisite that
the legislature shall act, to make the divorce valid. This is the
case  in   Mississippi.  In   some  states,   as  Wisconsin,  the
legislature cannot grant a divorce. Const. art. 4, is. 24.

   6. The  courts in  nearly all  the states have power to decree
divorces a  vinculo, for,  first, causes  which existed and which
were a  bar  to  a  lawful  marriage,  as,  precontract,  or  the
existence of  a marriage  between one  of the contracting parties
and another  person, at  the  time  the  marriage  sought  to  be
dissolved  took   place;     consanguinity,  or  that  degree  of
relationship forbidden  by law;   affinity  in  some  states,  as
Vermont, Rev.  Stat. tit.  16, c.  63, s.  1;  impotence, (q. v.)
idiocy, lunacy,  or other  mental imbecility,  which renders  the
party subject  to it  incapable of  making a  contract;  when the
contract was  entered into in consequence of fraud. Secondly, the
marriage may be dissolved by divorce for causes which have arisen
since the  formation of  the contract, the principal of which are
adultery cruelty;  wilful and malicious desertion for a period of
time specified  in the  acts of the several states;  to these are
added, in  some states,  conviction of  felony or  other infamous
crime;   Ark. Rev.  Stat. c.  50, s. 1, p. 333;  being a fugitive
from justice,  when charged  with an  infamous crime. Laws of Lo.
Act of  April 2,  1832. In  Tennessee the  hushand may  obtain  a
divorce when the wife was pregnant at the time of marriage with a
child of  color;  and also when the wife refuses for two years to
follow her hushand, who has gone bonafide to Tennessee to reside.
Act of  1819, c.  20, and  Act of 1835, c. 26 Carr. Nich. & Comp.
256, 257.  In Kentucky  and Maine,,  where one of the parties has
formed a connexion with certain religionists, whose opinions. and
practices are inconsistent with the marriage duties. And, in some
states, as  Rhode Island  and Vermont, for neglect and refusal on
the part  of the  hushand (he  being of  sufficient  ability)  to

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provide necessaries  for the  subsistence of his wife. In others,
habitual drunkenness is a sufficient cause.

   7. In some of the states divorces a mensa et thoro are granted
for cruelty, desertion, and such like causes, while in others the
divorce is a vinculo.

  8. When the divorce is prayed for on the ground of adultery, in
some and  perhaps in  most of  the states,  it is a good defence,
1st. That the other party has been guilty of the same offence. 2.
That the  hushand has  prostituted his  wife, or  connived at her
amours. 3.  That the  offended party  has been  reconciled to the
other by  either express  or implied condonation. (q. v.) 4. That
there was  no intention  to commit  adultery, as  when the party,
supposing his  or her  first hushand or wife dead, married again.
5. That the wife was forced or ravished.

   9. The  effects of  a divorce a vinculo on the property of the
wife, are  various in the several states. When the divorce is for
the adultery  or other  criminal acts  of the hushand, in general
the wife's  lands are  restored to her;  when it is caused by the
adultery or  other criminal  act of  the wife, the bushand has in
general some  qualified right  of curtesy to her lands;  when the
divorce is  caused by  some preexisting  cause, as consanguinity,
affinity or impotence, in some states, as Maine and Rhode Island,
the lands of the wife are restored to her. 1 Hill. Ab. 51, 2. See
2 Ashm.  455;   5 Blackf. 309. At common law, a divorce a vinculo
matrimonii bars  the wife of dower;  Bract. lib. ii. cap. 39, §4;
but not  a divorce  ti mensa  et, thoro,  though for the crime of
adultery. Yet by Stat. West. 1, 3 Ed. I. c. 84, elopement with an
adulterer has this effect. Dyer, 195;  Co. Litt. 32, a. n. 10;  3
P. Wms. 276, 277. If land be given to a man and his wife, and the
heirs of  their two  bodies begotten,  and they  are divorced.  a
vinculo, &c., they shall neither of them have this estate, but he
barely tenants  for life,  notwithstanding the  inheritance  once
vested in  them. Co.  Litt. 28. If a lease be made to hushand and
wife during  coverture, and  the  hushand  sows  the,  land,  and
afterwards they  are divorced  a vinculo,  &c., the hushand shall
have the  emblements in  that case, for the divorce is the act of
law. Mildmay's Case. As to personalty, the rule of the common law
is, if  one marry a woman who has goods, he may give them or sell
them at  his pleasure. If they are divorced, the woman shall have
the goods  back again,  unless the hushand has given them away or
sold them;   for  in such  case she  is without  remedy.  If  the
hushand aliened  them by  collusion, she  may aver  and prove the
collusion, and  thereupon recover  the goods from the alience. If
one be bound in an obligation to a feme sole, and then marry her,
and afterwards  they are divorced, she may sue her former hushand
on the  obligation, notwithstanding  her action  was in  suspense
during the  marriage. And for such things as belonged to the wife
before marriage,  if they  cannot be  known, she  could sue  for,
after divorce,  only in  the court  Christian, for  the action of
account did  not lie, because he was not her receiver to account.
But for  such things  as remain  in specie, and may be known, the

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common law gives her an action of detinue. 26 Hen. VIII. 1.

   10. When a divorce a vinculo takes place, it is, in general, a
bar to  dower;   but in  Connecticut, Illinois, New York, and, it
seems, in  Michigan, dower  is not  barred by  a divorce  for the
fault of the hushand. In Kentucky, when a divorce takes place for
the fault  of the  hushand, the  wife is  entitled as  if he were
dead. 1 Hill. Ab. 61, 2.

   11. -  2. Divorces  a mensa et thoro, are a mere separation of
the parties  for a  time for  causes arising  since the marriage;
they are  pronounced by  tribunals of competent jurisdiction. The
effects of  the sentence continue for the time it was pronounced,
or until  the parties are reconciled. A. divorce a mensa et thoro
deprives the  hushand of  no marital  right  in  respect  to  the
property of  the wife.  Reeve's Dom.  Rel. 204-5.  Cro. Car. 462;
but see  2 S.  & R. 493. Children born after a divorce a mensa et
thoro are  not presumed to be the hushand's, unless he afterwards
cohabited with his wife. Bac. Ab. Marriage, &c. E.

   12. By  the civil law, the child of parents divorced, is to be
brought up  by the  innocent party,  at the expence of the guilty
party.  Ridley's  View,  part  1,  ch.  3,  sect.  9,  cites  8th
Collation. Vide, generally, 1 Bl. Com. 440, 441 3 Bl. Com. 94;  4
Vin. Ab. 205;  1 Bro. Civ. Law, 86;  Ayl. Parerg. 225;  Com. Dig.
Baron and  Feme, C;-Coop.  Justin. 434, et seq.;  6 Toullier, No.
294, pa.  308;  4 Yeates' Rep. 249;  5 Serg. & R. 375;  9 S. & R.
191, 3;  Gospel of Luke, eh, xvi.
v. 18;   of  Mark, ch.  x. vs. 11, 12;  of Matthew, ch. v. v. 32,
ch. xix.  v. 9;   1 Corinth. ch. vii. v. 15;  Poynt. on Marr. and
Divorce, Index,  h. t.;  Merl. Rep. h. t.;  Clef des Lois Rom. h.
t. As  to the  effect of  the laws  of a foreign state, where the
divorce was  decreed, see  Story's Confl.  of Laws,  ch. 7, §200.
With regard  to the  ceremony of  divorce among.  the Jews, see 1
Mann. &  Gran. 228;   C.  39. Eng.  C. L.  R. 425, 428. And as to
divorces among  the  Romans,  see  Troplong,  de  l'Influence  du
Christianisme sur le Droit Civil des Romains, ch. 6. p. 205.

  DOCKET, practice. A formal record of judicial proceedings.

   2. The  docket should  contain the names of the parties, and a
minute of  every proceeding  in the case. It is kept by the clerk
or prothonotary of the court. A sheriff's docket is not a record.
9 Serg.  & R. 91. Docket is also said to be a brief writing, on a
small piece  of paper or parchment, containing the substance of a
larger writing.

   DOCTORS COMMONS.  A building  in London  used for a college of
civilians. Here  the judge  of the  court of arches, the judge of
the admiralty,  and the  judge of  the court  of Canterbury, with
other  eminent  civilians,  reside.  Commons  signifies,  in  old
English, pittance  or allowance;   because  it is meant in common
among  societies,   as  Universities,  Inns  of  Courts,  Doctors
Commons, &c.  The Latin word is, demensum a demetiendo;  dividing

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every one his part Minsheu. It is called Doctors Commons, because
the  persons  residing  there  live  in  a  collegiate  commoning

   DOCUMENTS, evidence.  The  deeds,  agreements,  title  papers,
letters, receipts,  and other written instruments used to prove a
fact. Among  the  civilians,  by  documents  is  also  understood
evidence delivered  in the  forms established by law, of whatever
nature such  evidence may  be, but  applied  principally  to  the
testimony of witnesses. Savig. Dr. Rom. §165.

   2. Public  documents are all such records, papers and acts, as
are filed  in the  public offices  of the United States or of the
several  states;    as,  for  example,  public  statutes,  public
proclamations, resolutions  of the  legislature, the  journals of
either  branch  of  the  legislature,  diplomatic  correspondence
communicated by  the president  to congress,  and the like. These
are in  general evidence  of the  facts they contain or recite. 1
Greenl. §491.

  DOG. A well known domestic animal. In almost all languages this
word is,  a term  or name  of contumely or reproach. See 3 Bulst.
226;   2 Mod. 260;  1 Leo. 148;  and the title action on the case
for defamation in the Digests;  Minsheu's Dictionary.

   2. A dog is said at common law to have no intrinsic value, and
he cannot therefore be the subject of larceny. 4 Bl. Com. 236;  8
Serg. &  Rawle, 571. But the owner has such property in him, that
he may  maintain trespass  for an  injury to his dog;  "for a man
may have property in some things which are of so base nature that
no felony  can be  committed of  them,  as  of  a  bloodhound  or
mastiff." 12  H. VIII. 3;  18 H. VIII. 2;  7 Co. 18 a;  Com. Dig.
Biens, F;   2  Bl. Com.  397;   Bac. Ab. Trover, D;  F. N. B. 86;
Bro. Trespass,  pl. 407 Hob. 283;  Cro. Eliz. 125;  Cro. Jac. 463
2 Bl. Rep.

   3. Dogs,  if dangerous  animals, may  lawfully be killed, when
their ferocity  is known  to their  owner, or  in self-defence 13
John. R.  312;   10 John.  R. 365;   and  when bitten  by a rabid
animal, a dog may be lawfully killed by any one. 13 John. R. 312.

   4. When a dog, in consequence of his vicious habits, becomes a
common nuisance,  the owner  may be indicted. And when he commits
an injury,  if the  owner had  a  knowledge  of  his  mischievous
propensity, he  is liable  to an  action on the case. Bull. N. P.
77;   2 Str.  1264;   Lord Raym.  110. 1 B. & A. 620;  4 Camp. R.
198;   2 Esp.  R. 482;   4  Cowen, 351;  6 S. & R. 36;  Addis. R.
215;   1 Scam.  492 23  Wend 354;   17 Wend. 496;  4 Dev. & Batt.

   5. A  man has a right to keep a dog to guard his premises, but
not to  put him  at the  entrance of  his house, because a person
coming there  on lawful business may be injured by him, and this,
though there may be another entrance to the house. 4 C. & P. 297;

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6 C.  & P.  1. But  if  a  dog  be  chained,  and  a  visitor  so
incautiously go  near him  that he  is bitten, he has no right of
action against  the owner.  3 Chit.  Bl. 154,  n. 7. Vide Animal;
Knowledge;  Scienter.

  DOGMA, civil law. This word is used in the first chapter, first
section, of  the second  Novel, and signifies an ordinance of the
senate. See also Dig. 27, 1, 6.

   DOLI CAPAX.  Capable of  deceit, mischief, having knowledge of
right and wrong. See Discretion;  Criminal law, 2.

   DOLLAR, money. A silver coin of the United States of the value
of one hundred cents, or tenth part of an eagle.

   2. It weighs four hundred and twelve and a half grains. Of one
thousand parts,  nine hundred  are of pure silver and one hundred
of alloy.  Act of January 18, 1837, ss. 8 & 9, 4 Sharsw. Cont. of
Story's L. U. S. 2523, 4;  Wright, R. 162.

   3. In  all computations at the custom-house, the specie dollar
of Sweden  and Norway  shall be  estimated at one hundred and six
cents. The  specie dollar  of Denmark,   at  one hundred and five
cents. Act of May 22, 1846.

  DOLUS, civil law. A fraudulent address or trick used to deceive
some one;  a
fraud. Dig. 4, 3, 1;  Code, 2, 21.

   2. Dolus  differs from fault in this, that the latter proceeds
from an  error of  the understanding;   while  to constitute  the
former there  must be  a will  or intention  to do  wrong. Wolff,
Inst. §17.

   DOMAIN. It signifies sometimes, dominion, territory governed -
sometimes, possession,  estate -  and sometimes,  land about  the
mansion house  of a  lord. By domain is also understood the right
to dispose at our pleasure of what belongs to us.

   2. A  distinction, has  been made between property and domain.
The former is said to be that quality which is conceived to be in
the thing itself, considered as belonging to such or such person,
exclusively of all others. By the latter is understood that right
which the  owner has  of disposing of the thing. Hence domain and
property are said to be correlative terms;  the one is the active
right to  dispose, the  other a passive quality which follows the
thing, and places it at the disposition of the owner. 3 Toull. n.
8 3.  But this distinction is too subtle for practical use. Puff.
Droit de  la Nature et des Gens, loi 4, c. 4, §2. Vide 1 B1. Com.
105, 106;   1  Bouv. Inst.  n. 456;   Clef  des Lois  Rom. h. t.;
Domat, h.  t.;  1 Hill. Ab. 24;  2 Hill. Ab. 237;  and Demesne as
Of fee;  Property;  Things.

   DOME-BOOK, DOOM-BOOK  or DOM-BEC  A book  in which  Alfred the

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Great, of  England, after  uniting the Saxon heptarchy, collected
the various  customs dispersed  through the kingdom, and digested
them into one uniform code. 4 Bl. Com. 411.

   DOMESDAY, or DOMESDAY-BOOK. An ancient record made in the time
of William  the Conqueror,  and  now  remaining  in  the  English
exchequer, consisting of two volumes of unequal sizes, containing
surveys of the lands in England.

   DOMESTICS. Those  who reside in the same house with the master
they serve  the term  does not  extend  to  workmen  or  laborers
employed out  of doors. 5 Binn. R. 167;  Merl. Rep. h. t. The Act
of Congress  of April  30, 1790, s. 25, uses the word domestic in
this sense.

   2. Formerly, this word was used to designate those who resided
in the  house of another, however exalted their station, and  who
performed services  for him.  Voltaire, in  writing to the French
queen, in  1748, says)  " Deign to consider, madam, that I am one
of the  domestics of  the  king,  and  consequently  yours,  lily
companions, the gentlemen of the king," &c.

   3. Librarians,  secretaries, and  persons  in  such  honorable
employments, would not probably be considered domestics, although
they might reside in the house of their respective employers.

  4. Pothier, to point out the distinction between a domestic and
a servant, gives the following example:  A literary man who lives
and lodges  with you,  solely to  be your companion, that you may
profit by  his conversation  and learning, is your domestic;  for
all who live in the same house and eat at the same table with the
owner of the house, are his domestics, but they are not servants.
On the  contrary, your  Valet de, chambre, to whom you pay wages,
and who sleeps out of your house, is not, properly speaking, your
domestic, but  your servant. Poth. Proc. Cr. sect. 2, art. 5, §5;
Poth. Ob. 710, 828;  9 Toull. n. 314;  H. De Pansey, Des Justices
de Paix, c. 30, n. 1. Vide Operative;  Servant.

   DOMICIL. The  place where  a person  has  fixed  his  ordinary
dwelling, without  a present  intention of removal. 10 Mass. 488;
8 Cranch,  278;   Ersk. Pr.  of Law of Scotl. B. 1, tit. 2, s. 9;
Denisart, tit.  Domicile, 1,  7, 18,  19;  Voet, Pandect, lib. 5,
tit. 1,  92, 97;   5 Madd. Ch. R. 379;  Merl. Rep. tit. Domicile;
1 Binn.  349, n.;   4  Humph. 346. The law of domicil is of great
importance in  those countries  where the  maxim "actor  sequitur
forum rei"  is applied  to the full extent. Code Civil, art. 102,
&c.;  1 Toullier, 318.

  2. A man cannot be without a domicil, for he is not supposed to
have abandoned  his last domicil until he has acquired a new one.
5 Ves.  587;   3 Robins.  191;   1 Binn.  349, n.;   10 Pick. 77.
Though by  the Roman  law a  man might  abandon his domicil, and,
until be acquired a. new one, he was without a domicil. By fixing
his residence at two different places a man may have two domicils

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at one  and the  same time;   as,  for example,  if a  foreigner,
coming to  this country,  should establish two houses, one in New
York and the, other in New Orleans, and pass one-half of the year
in each;   he would, for most purposes, have two domicils. But it
is  to  be  observed  that  circumstances  which  might  be  held
sufficient to  establish a commercial domicil in time of war, and
a matrimonial, or forensic or political domicil in time of peace,
might not  be such as would establish a principal or testamentary
domicil, for  there is  a wide  difference in applying the law of
domicil to  contracts and  to wills. Phill. on Dom. xx;  11 Pick.
410 10 Mass. 488;  4 Wash. C. C. R. 514.

   3. There  are three kinds of domicils, namely:  1. The domicil
of origin.  domicilium originis  vel naturale.  2. The domicil by
operation of law, or necessary domicil. 3. Domicil of choice.

  4. - §1. By domicil of origin is understood the home of a man's
parents, not  the place  where, the  parents being  on a visit or
journey, a child happens to be born. 2 B. & P. 231, note;  3 Ves.
198. Domicil of origin is to be distinguished from the accidental
place of birth. 1 Binn. 349.

   5. -  §2. There are two classes of persons who acquire domicil
by operation  of law.  1st. Those  who are  under the  control of
another, and  to whom the law gives the domicil of another. Among
these are,  1. The  wife. 2.  The minor.  3. The lunatic, &c. 2d.
Those on  whom the  state affixes a domicil. Among this class are
found, 1. The officer. 2. The prisoner, &c.

   6. - 1st. Among those who, being under the control of another,
acquire such  person's domicil,  are, 1. The wife. The wife takes
the domicil  of her hushand, and the widow retains it, unless she
voluntarily change  it, or  unless, she marry a second time, when
she takes the domicil of the second hushand. A party may have two
domicils, the  one actual, the other legal;  the hushand's actual
and the wife's legal domicil, are, prima facie, one. Addams' Ecc.
R. 5,  19. 2.  The domicil of the minor is that of the father, or
in Case  of his death, of the mother. 5 Ves. 787;  2 W. & S. 568;
3 Ohio  R. 101;   4 Greenl. R. 47. 3. The domicil of a lunatic is
regulated by  the same  principles which  operated  in  cases  of
minors the  domicil of  such a  person  may  be  changed  by  the
direction, or  with  the  assent  of  the  guardian,  express  or
implied. 5 Pick. 20.

  7. - 2d. The law affixes a domicil. 1. Public officers, such as
the president  of the  United States,  the secretaries  and  such
other officers  whose public duties require a temporary residence
at the  capital, retain  their domicils. Ambassadors preserve the
domicils which  they have in their respective countries, and this
privilege extends to the ambassador's family. Officers, soldiers,
and marines,  in the  service of  the United  States, do not lose
their domicils  while thus  employed.  2.  A  prisoner  does  not
acquire a  domicil where the prison is, nor lose his old. 1 Milw.
R. 191, 2.

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   8. -  §3. The  domicil  of  origin,  which  has  already  been
explained, remains  until another  has been acquired. In order to
change such  domicil;   there must  be an  actual removal with an
intention to  reside in  the place  to which the party removes. 3
Wash. C.  C. R.  546. A  mere intention  to remove,  unless  such
intention is carried into effect, is not sufficient. 5 Greenl. R.
143. When  he changes  it, he acquires a domicil in the. place of
his new  residence, and  loses his  original domicil.  But upon a
return with  an intention  to reside,  his  original  domicil  is
restored. 3 Rawle, 312;  1 Gallis. 274, 284;  5 Rob. Adm. R. 99.

   9. How  far a  settlement in  a foreign country will impress a
hostile character  on a merchant, see Chitty's Law of Nations, 31
to 50;   1 Kent, Com. 74 to 80;  13 L. R. 296;  8 Cranch, 363;  7
Cranch, 506;   2 Cranch, 64 9 Cranch, 191;  1 Wheat. 46;  2 Wheat
76;   3 Wheat.  1 4 2 Gall. R. 268;  2 Pet. Adm. Dec. 438 1 Gall.
R. 274. As to its effect in the administration of the assets of a
deceased non-resident,  see 3 Rawle's R. 312;  3 Pick. R. 128;  2
Kent, Com. 348;  10 Pick. R. 77. The law of Louisiana relating to
the "domicil  and the  manner of changing the same" will be found
in the Civil Code of Louisiana, tit. 2, art. 42 to 49. See, also,
8 M. R. 709;  4 N. S. 51;  6 N. S. 467;  2 L. R. 35;  4 L. R. 69;
5 N.  S. 385  5 L.  R. 332;   8 L. R. 315;  13 L. R. 297 11 L. R.
178;   12 L.  R. 190.  See, on the subject generally, Bouv. Inst.
Index, h.  t. 2  Bos. &  Pul.  230,  note  1  Mason's  Rep.  411;
Toullier, Droit  Civil Francais,  liv. 1,  tit. 3, n., 362 a 378;
Domat, tome  2, liv. 1, s. 3;  Pothier, Introduction Generale aux
Coutumes, n. 8 a 20;  1 Ashm. R. 126;  Merl. Rep. tit. Domicile 3
Meriv. R.  79;  5 Ves. 786;  1 Crompt. & J. 151;  1 Tyrwh. R. 91;
2 Tyrwh. R. 475;  2 Crompt. & J. 436 3 Wheat. 14 3 Rawle, 312;  7
Cranch, 506  9 Cranch, 388;  5 Pick. 20;  1 Gallis, 274, 545;  10
Mass. 488  11 Mass.  424;   13 Mass. 501 2 Greenl. 411;  3 Greenl
229, 354;   4  Greenl. 47;   8  Greenl. 203;   5  Greenl. 143;  4
Mason, 308;   3 Wash. C. C. R. 546;  4 Wash. C. C. R. 514 4 Wend,
602;   8 Wend.  134;   5 Pick. 370 10 Pick. 77;  11 Pick. 410;  1
Binn. 349, n.;  Phil. on Dom. passim.

   DOMINANT. estates.  In the  civil law,  this term  is used  to
signify the  estate to  which a servitude or easement is due from
another estate;   for  example, where  the owners  of the estate,
Blackacre, have  a right  of  way  or  passage  over  the  estate
Whiteacre, the  former is called the dominant, and the latter the
servient estate. Bouv. Inst. n. 1600.

   DOMINION. The  right of  the owner  of a  thing to  use it  or
dispose of  it at  his pleasure. See Domain;  1 White's New Coll.
85;  Jacob's Intr. 39.

   DOMINIUM, empire,  domain. It  is of three kinds:  1, Directum
dominium, or  usufructuary dominion;   dominium utile, as between
landlord and tenenant;  or, 2. It is to full property, and simple
property. The  former is such as belongs to the cultivator of his
own estate;   the  other is the property of a tenant. 3. Dominion

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acquired  by  the  law  of  nations,  and  dominion  acquired  by
municipal law. By the law of nations, property may be acquired by
occupation, by  accession, by  commixtion, by use or the pernancy
of the usufruct, and by tradition or delivery. As to the dominium
eminens, the right of the public, in cases of emergency, to seize
upon the  property of  individuals, and convert it to public use,
and the  right of  individuals, in  similar cases,  to  commit  a
trespass on the persons and properties of others, see the opinion
of chief justice McKean in Respublica v. Sparhawk, 1 Dallas, 362,
and the  case of  Vanhorn v.  Dorrance, 2  Dall. Rep.  304.  See,
further, as to dominium eminens, or the right of the community to
take, at  a fair  price, the  property of  individuals for public
use, the supplement of 1802 to the Pennsylvania compromising law,
respecting the  Wyoming controversy;   also, Vattel, l. 1, c. 20,
§§244-248;   Bynkershoek, lib.  2,  c.  15;    Rousseau's  Social
Compact, c.  9;  Domat;  l. 1, tit. 8, §l, p. 381, fol. ed.;  the
case of a Jew, whom the grand seignior was compelled by the mufti
to purchase  out, cited in Lindsay et al. v. The Commissioners, 2
Bay. S. Car. Rep. 41. See Eminent domain.

   DOMITAE. Subdued, tame,. not wild;  as, animals domitae, which
are tame or domestic animals.

  DOMO REPARANDO. the name of an ancient writ in favor of a party
who was in danger of being injured by the fall, of his neighbor's

   DONATIO MORTIS  CAUSA, contracts, legacies. A gift in prospect
of  death.   When  a   person  in  sickness,  apprehend  ing  his
dissolution near, delivers, or causes to be delivered to another,
the possession of any personal goods, to keep as his own, in case
of the donor's decease. 2 Bl. Com. 514 see Civ. Code of Lou. art.

   2. The civil law defines it to be a gift under apprehension of
death;   as, when  any thing  is given upon condition that if the
donor dies,  the donee  shall possess it absolutely, or return it
if the  donor should survive, or should repent of having made the
gift, or  if the donee should die before the donor. 1 Miles' Rep.

  3. Donations mortis causa, are now reduced, as far as possible,
to the similitude of legacies. Inst. t. 7, De Donationibus. See 2
Ves. jr.  119;   Smith v. Casen, mentioned by the reporter at the
end of  Drury v. Smith, 1 P. Wms. 406;  2 Ves. sen. 434;  3 Binn.

   4. With  respect to the nature of a donatio mortis causa, this
kind of gift so far resembles a legacy, that it is ambulatory and
incomplete during  the donor's life;  it is, therefore, revocable
by him;  7 Taunt. 231;  3 Binn. 366 and subject to his debts upon
a deficiency  of assets.  1 P.  Wms. 405.  But in  the  following
particulars it  differs from  a legacy:  it does riot fall within
an administration,  nor require  any  act  in  the  executors  to

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perfect a title in the donee. Rop. Leg. 26.

   5. The  following circumstances  are required  to constitute a
good donatio  mortis causa. 1st. That the thing given be personal
property;   .3 Binn.  370 a  bond;  3 Binn. 370;  3 Madd. R. 184;
bank notes;   2  Bro. C. C. 612;  and a check offered for payment
during the life of the donor, will be so considered. 4 Bro. C. C.

   6. - 2d. That the gift be made by the donor in peril of death,
and to  take effect  only in  case the  giver die.  3 Binn. 370 4
Burn's Ecc. Law, 110.

  7. - 3d. That there be an actual delivery of the subject to, or
for the  donee, in cases where such delivery can be made. 3 Binn.
370;   2 Ves.  jr. 120.  See 9  Ves. 1  , 7  Taunt. 224. But such
delivery can  be made to a third person for the use of the donee.
3 Binn. 370:

   8. It  is an  unsettled question  whether such  kind  of  gift
appearing in  writing, without  delivery of  the subject,  can be
supported. 2  Ves. jr.  120. By  the Roman  and civil law, a gift
mortis causa  might be made in writing. Dig. lib. 39, t. 6, 1. 28
2 Ves. sen. 440 1 Ves. sen. 314.

  9. In Louisiana, no disposition mortis causa, otherwise than by
last will  and testament,  is allowed. Civ. Code, art. 1563. See,
in general,  1 Fonb.  Tr. Eq. 288, n. (p);  Coop. Just. 474, 492;
Civ. Code  of Lo.  B. 3, 2, c. 1 and 6. Vin. Abr. Executors, Z 4;
Bac. Abr.  Legacies, A;   Supp.  to Ves. jr. vol. 1, p. 143, 170;
vol. 2,  97. 215;  Rop. Leg:  oh. 1;  Swinb. pt. 1, s. 7 1 Miles,
109. &c.

   DONATION, contracts.  The act  by which  the owner of a thing,
voluntarily transfers  the title and possession of the same, from
himself to  another person,  without any  consideration;  a gift.
(q. v.)

  2. A donation is never perfected until it is has been accepted,
for the  acceptance (q.  v.) is  requisite to  make the  donation
complete. Vide  Assent, and  Ayl. Pand. tit. 9 Clef des Lois Rom.
h. t.

   DONATION INTER  Vivos, contracts. A contract which takes place
by the  mutual consent,  of the giver, who divests himself of the
thing given  in order  to transmit  the title  of it to the donee
gratuitously, and the donee, who accepts the thing and acquires a
legal title to it.
 2.  This donation  takes place  when the  giver is  not  in  any
immediate apprehension  of death,  which distinguishes  it from a
donatio mortis  causa. (q. v.) 1 Bouv. Inst. n. 712. And see Civ.
Code of  Lo. art.  1453 Justin.  Inst. lib.  2, tit.  7, §2 Coop.
Justin. notes 474-5 Johns. Dig. N. Y. Rep. tit. Gift.

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   DONEE. He to whom a gift is made, or a bequest given;  one who
is invested  with a power to select an appointee, he is sometimes
called an appointer.

   DONIS, STATUTE  DE. The stat. West. 2, namely, 13 Edw. I. , c.
1, called  the statute  de donis  conditionalibus.  This  statute
revives, in  some sort, the ancient feudal restraints, which were
originally laid on alienations. 2 Bl. Com. 12.

  DONOR. He who makes a gift. (q. v.)

  DOOM. This word formerly signified a judgment. T. L.

   DORMANT PARTNER.  One who is a participant in the profits of a
firm, but his name being concealed, his interest is not apparent.
See Partners,

  DOOR. The place of usual entrance in a house, or into a room in
the house.

   2. To  authorize the breach of an outer door in order to serve
process, the process must be of a criminal nature;  and even then
a demand of admittance must first have been refused. 5 Co. 93;  4
Leon. 41;   T.  Jones, 234;   1 N. H. Rep. 346;  10 John. 263;  1
Root, 83  , 134;   21  Pick. R.  156. The  outer door may also be
broken open for the purpose of executing a writ of habere facias.
5 Co. 93;  Bac. Ab. Sheriff, N. 3.

  3. An outer door cannot in general be broken for the purpose of
serving civil  process;   13 Mass.  520;  but after the defendant
has been  arrested, and  he takes  refuge in  his own  house, the
officer may  justify breaking  an outer door to take him. Foster,
320;  1 Roll. R. 138;  Cro. Jac. 555.;  10 Wend. 300;  6 Hill, N.
Y. Rep.  597. When  once an officer is in the house, he may break
open an inner door to make an arrest. Kirby, 386 5 John. 352;  17
John. 127, See 1 Toull. n. 214, p. 88.

  DOT. This French word is adopted in Louisiana. It signifies the
fortune, portion,  or dowry,  which a woman brings to her hushand
by the marriage. 6 N. S. 460. See Dote;  Dowry.
 DOTAL PROPERTY. By the civil law, and in Louisiana, by this term
is understood that property, which the wife brings to the hushand
to  assist   him  in   bearing  the   expenses  of  the  marriage
establishment. Civil  Code of  Lo.  art.  2315.  Vide  Extradotal

   DOTATION, French  law. The  act by  which  the  founder  of  a
hospital, or other charity, endows it with property to fulfil its

   DOTE, Span.  law. The  property which  the wife  gives to  the
hushand on account of marriage.

   2. It  is divided into adventitia and profectitia;  the former

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is the  dote which  the father  or grandfather,  or other  of the
ascendants in  the  direct  paternal  line,  give  of  their  own
property to  the  hushand;    the  latter  (adventitia)  is  that
property which  the wife  gives to  the hushand, or that which is
given to  him for her by her mother, or her collateral relations,
or a stranger. Aso & Man. Inst. B. 1, t. 7, c . 1, §i.

   DOTE ASSIGNANDO,  Eng. law.  The name  of a  writ which lay in
favor of  a widow,  when it  was found  by office that the king's
tenant was  seised of tenements in fee or fee tail at the time of
his death, and that he held of the king in chief.

   DOTE UNDE  NIHIL HABET.  The name  of a  writ of dower which a
widow sues  against the tenant, who bought land of her hushand in
his lifetime,  and in  which her  dower remains,  of which he was
seised solely  in fee  simple or  fee tail. F. N. B. 147;  Booth,
Real Act. 166. See Dower unde nihil habet

   DOUBLE. Twofold;   as, double cost;  double insurance;  double

   DOUBLE COSTS  practice. According  to the  English  law,  when
double costs  are given  by the  statute, the  term is  not to be
understood, according  to its literal import, twice the amount of
single costs,  but in such case the costs are thus calculated. 1.
the common  costs;   and, 2.  Half of  the common costs. Bac. Ab.
Costs, E;   2 Str. 1048. This is not the rule in New York, nor in
Pennsylvania. 2 Dunl. Pr. 731;  2 Rawle's R. 201.

   2. In  all cases where double or treble costs are claimed, the
party must  apply to  the court for them before he can proceed to
the taxation,  otherwise the  proceeding will  be  set  aside  as
irregular. 4 Wend. R. 216. Vide Costs;  and Treble Costs.

  DOUBLE ENTRY. A term used among merchants to signify that books
of account  are kept in such a manner that they present the debit
and credit  of every thing. The term is used in contradistinction
to single entry.

   2. Keeping  books by  double entry  is  more  exact,  because,
presenting all  the active  and all  the passive  property of the
merchant, in  their respective  divisions, there cannot be placed
an  article   to,  an  account,  which  does  not  pass  to  some
correspondent account  elsewhere. It  presents a perfect, view of
each operation,  and, from  the relation  and comparison  of  the
divers accounts,  which always  keep pace  with each other, their
correctness  is  proved;    for  every  commercial  operation  is
necessarily  composed  of  two  interests,  which  are  connected
together. The  basis of  this mode of keeping books, and the only
condition required,  is  to  write  down  every  transaction  and
nothing else;   and  to make  no entry without putting it down to
the two  agents of  the operation. By this means a merchant whose
transactions  are   extensive,  comprising   a  great  number  of
subjects, is  able to known not only the general situation of his

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affairs, but also the situation of each particular operation. For
example, when a merchant receives money, his cash account becomes
debtor, and  the person who has paid it, or the merchandise sold,
is credited  with it;   when  he pays money, the cash account, is
credited, And  the merchandise bought, or the obligation paid, is
debited with it. See Single entry.

   DOUBLE INSURANCE,  contracts. Where  the  insured  makes,  two
insurances on the same risk, and the same interest. 12 Mass. 214.
It differs  from re-insurance  in this,  that it  is made  by the
insured, with  a view  of receiving a double satisfaction in case
of loss;  whereas a re-insurance is made by a former insurer, his
executors or  assigns, to  protect himself  and his estate from a
risk to  which they  were liable  by the first insurance. The two
policies are  considered as  making but  one insurance.  They are
good to  the extent of the value of the effects put in risk;  but
the  insured   shall  not   be  permitted  to  recover  a  double
satisfaction. He  can sue  the underwriters on both the policies,
but he can only recover the real amount of his loss, to which all
the underwriters  on both shall contribute in proportion to their
several subscriptions.  Marsh. Ins.  B. 1, c. 4, s. 4;  5 S. & R.
473;   4 Dall.  348;  1 Yeates, 161;  9 S. & R. 103;  1 Wash . C.
C. Rep. 419;  2 Wash. C. C. Rep. 186;  2 Mason, 476.

   DOUBLE PLEA. The alleging, for one single purpose, two or more
distinct grounds  of defence,  when  one  of  them  would  be  as
effectual in law, as both or all. Vide Duplicity.
 DOUBLE  VOUCHER. A  common recovery  is sometimes  suffered with
double voucher,  which occurs  when the  person first  vouched to
warranty, comes  in and  vouches  over  a  third  person.  See  a
precedent, 2 Bl. Com. Appx. No. V. p. xvii.;  also, Voucher.

   2. The neecessity for double voucher arises when the tenant in
tail is  not the  tenant in  the writ, but is tenant by warranty;
that is,  where he  is vouched,  and comes  in and  confesses the
warranty.  Generally  speaking,  to  accomplish  this  result,  a
previous conveyance  is necessary,  by the  tenant in  tail, to a
third person, in order to make such third person tenant to a writ
of entry. Preston on Convey. 125-6.

   DOUBLE WASTE.  When a tenant, bound to repair, suffers a house
to be  wasted, and  then unlawfully fells timber to repair it, he
is said to commit double waste. Co. Litt. 53. See Waste.

   DOUBT. The  uncertainty which  exists in relation to a fact, a
proposition, or  other thing;   or it is an equipoise of the mind
arising from an equality of contrary reasons. Ayl. Pand. 121.

   2. The  embarrassing position  of a  judge is that of being in
doubt, and  it is  frequently the  lot of  the  wisest  and  most
enlightened to  be in this condition, those who have little or no
experience usually  find no  difficulty  in  deciding  the  most,
problematical questions.

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   3. Some  rules, not  always infallible,  have been  adopted in
doubtful cases,  in order  to arrive  at the  truth. 1.  In civil
cases, the  doubt ought  to operate against him, who having it in
his power to prove facts to remove the doubt, has neglected to do
so. In  cases of  fraud when there is a doubt, the presumption of
innocence (q.  v.) ought  to remove  it. 2.  In  criminal  cases,
whenever a reasonable doubt exists as to the guilt of the accused
that doubt  ought  to  operate  in  his  favor.  In  such  cases,
particularly, when the liberty, honor or life of an individual is
at stake,  the evidence  to convict ought to be clear, and devoid
of all  reasonable doubt.  See Best on Pres. §195;  Wils. on Cir.
Ev. 26;   Theory  of Presumptive Proof, 64;  33 How. St. Tr. 506;
Burnett, Cr.  Law of  Scotl. 522;   1 Greenl. Ev. §1 D'Aguesseau,
Oeuvres, vol. xiii. p. 242;  Domat, liv. 3, tit. 6.

  4. No judge is presumed to have any doubt on a question of law,
and he  cannot therefore  refuse  to  give  a  judgment  on  that
account. 9 M. R. 355;  Merlin, Repert. h. t.;  Ayliffe's Pand. b.
2, t.  17;   Dig. lib. 34, t. 5;  Code, lib. 6, t. 38. Indeed, in
some countries;  in China, for example, ignorance of the law in a
judge is punishable with blows. Penal Laws of China, B. 2, s. 61.

  DOVE. The name of a well known bird.

   2. Doves  are animals  ferae naturae,  and not  the subject of
larceny, unless  they are  in  the  owner's  custody;    as,  for
example, in  a dove-house,  or when  in the  nest before they can
fly. 9 Pick. 15. See Whelp.

  DOWAGER. A widow endowed;  one who has a jointure.

   2. In England, this is a title or addition given to the widows
of princes, dukes, earls, and other noblemen.

  DOWER. An estate for life, which the law gives the widow in the
third part  of the lands and tenements, or hereditaments of which
the hushand, was solely seised, at any time during the coverture,
of an  estate in  fee or  in tail,  in possession,  and to  which
estate in  the lands  and tenements,  the issue,  if any, of such
widow might, by possibility, have inherited. Watk. Prin. Con. 38;
Litt. §36;  7 Greenl. 383. Vide Estate in Dower. This is dower at
common law.

   2. Besides  this, in  England there are three other species of
dower now subsisting;  namely, dower by custom, which is, where a
widow becomes  entitled to  a certain  portion of  her  hushand's
lands in  consequence of some local or particular custom, thus by
the custom of gavelkind, the widow is entitled to a moiety of all
the lands and tenements, which her hushand held by that tenure.

   3. Dower  ad ostium  ecclesiae, is,  when a  man comes  to the
church door  to be married, after troth plighted, endows his wife
of a certain portion of his lands.

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   4. Dower  ex assensu  patris, was  only a  species of dower ad
ostium ecclesice,  made when  the hushand's father was alive, and
the son,  with his  consent expressly given, endowed his wife, at
the church door, of a certain part of his father's lands.

   5. There  was another  kind, de  la plus  belle, to  which the
abolition of  military tenures has put an end. Vide Cruise's Dig.
t. 6,  c. 1;   2  Bl. Com.  129;   15 Serg.  & Rawle, 72 Poth. Du

   6. Dower is barred in various ways;  1. By the adultery of the
wife, unless  it has been condoned. 2. By a jointure settled upon
the wife.  2 Paige, R. 511. 3. By the wife joining her hushand in
a conveyance  of the estate. 4. By the hushand and wife levying a
fine, or suffering a common recovery. 10 Co. 49, b Plowd. 504. 5.
By a  divorce a  vinculo matrimonii.  6. By an acceptance, by the
wife, of a collateral satisfaction, consisting of land, money, or
other chattel  interest, given  instead of  it by  the  hushand's
will, and  accepted after the hushand's death. In these cases she
has a  right to elect whether to take her dower or the bequest or
devise. 4  Monr. R.  265;   5 Monr.  R. 58;  4 Desaus. R. 146;  2
M'Cord, Ch.  R. 280;   7 Cranch, R. 370;  5 Call, R. 481;  1 Edw.
R. 435 3 Russ. R. 192;  2 Dana, R. 342.

   7. In  some of  the United  States, the  estate which the wife
takes in  the lands  of her  deceased hushand, varies essentially
from the right of dower at common law. In some of the states, she
takes one-third  of the  profits, or  in case  of there  being no
children, one  half. In  others she  takes the same right in fee,
when there  are no  lineal descendants;   and  in one  she  takes
two-thirds in  fee,  when  there  are  no  lineal  ascendauts  or
descendants, or  brother or  sister of the whole or half blood. 1
Hill. Ab. 57, 8;  see Bouv. Inst. Index, h. t.

   DOWER UNDE NIHIL HABET. This is a writ of right in its nature.
It lies  only against  the tenant of the freehold. 12 Mass. 415 2
Saund. 43,  note 1;   Hen. & Munf. 368 F. N. B. 148. It is a writ
of entry,  where the widow is deforced of the whole of her dower.
Archb. Plead. 466, 7. A writ of right of dower lies for the whole
or a  part. 1 Rop. on Prop. 430;  Steph. on Pl. 10. n;  Booth, R.
A. 166;   Glanv.  lib. 4. c. 4, 5;  9 S. & R. 367. If the heir is
fourteen years  of age,  the writ  goes to  him, if  not, to  his
guardian. If  the land  be wholly aliened, it goes to the tenant,
F. N.  B. 7, or pernor of the profits, who may vouch the heir. If
part only  be aliened, the writ goes to the heir or guardian. The
tenant cannot impart;  2 Saund. 44, n;. 1 Rop. on Prop. 430;  the
remedy being  speedy. Fleta, lib. 5. o. 25, §8, p. 427. He pleads
without defence. Rast. Ent. 232, b. lib. Int. fo. 15;  Steph. Pl.
431 Booth, 118;  Jackson on Pl. 819.

  DOWRESS. A woman entitled to dower.

   2. In  order to  entitle a woman to the rights of a dowress at
common law, she must have been lawfully married, her hushand must

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be dead,  he must  have been  seised, during the coverture, of an
estate subject  to dower. Although the marriage may be void able,
if it  is not  absolutely void  at his death, it is sufficient to
support the rights of the dowress. The hushand and wife must have
been of sufficient age to consent.

   3. At  common law an alien could not be endowed, but this rule
has been  changed in  several states. 2 John. Cas. 29;  1 Harr. &
Gill, 280.;  1 Cowen, R. 89;  8 Cowen, R. 713.

   4. The dowress' right may be defeated when her hushand was not
of right  seised of  an estate  of inheritance;  as, for example,
dower will  be defeated  upon the restoration of the seisin under
the prior  title in the case of defeasible estates, as in case of
reentry for  a condition broken, which abolishes the intermediate
seisin. Perk. s. 311, 312, 317.

   DOWRY. Formerly  applied to  mean that which a woman brings to
her hushand in marriage;  this is now called a portion. This word
is sometimes confounded with dower. Vide Co. Litt. 31;  Civ. Code
of Lo. art. 2317;  Dig. 23, 3, 76;  Code, 5, 12, 20.

  DRAGOMAN. An interpreter employed in the east, and particularly
at the Turkish court.

   2. The  Act of  Congress of  August 26,  1842, c.  201, s.  8,
declares that  it shall  not be  lawful for  the president of the
United States  to allow a dragoman at Constantinople, a salary of
more than two thousand five hundred dollars.

   DRAIN. Conveying  the water from one place to another, for the
purpose of drying the former

  2. The right of draining water through another map's land. This
is an  easement or  servitude acquired  by grant or prescription.
Vide 3  Kent, Com. 436 7 Mann. & Gr. 354;  Jus aguaeductus;  Rain
water;  Stillicidium.

   DRAwhACK, com.  law. An  allowance made  by the  government to
merchants on  the reexportation  of certain imported goods liable
to duties,  which, in  some cases,  consists of  the whole;    in
others, of  a part  of the  duties which  had been  paid upon the
importation. For  the various  acts of  congress  which  regulate
drawhacks, see Story, L. U. S. Index, h. t.

   DRAWEE. A  person to whom a bill of exchange is addressed, and
who is requested to pay the amount of money therein mentioned.

   2. The  drawee may be only one person, or there may be several
persons. The  drawee may  be a  third person, or a man may draw a
bill on  himself. 18  Ves. jr.  69;  Carth. 509;  1 Show. 163;  3
Burr. 1077.
 3.  The drawee  should accept  or refuse  to accept  the bill at
furthest within twenty-four hours after presentment. 2 Smith's R.

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243;   1 Ld. Raym. 281 Com. Dig. Merchant, F 6;  Marius, 15;  but
it is  said the  holder is  entitled. to a definite answer if the
mail go  out in  the meantime.  Marius' 62.  In case the bill has
been left  with  the  drawee  for  his  acceptance,  he  will  be
considered as  having accepted  it, if  he keep  the bill a great
length of  time, or  do any  other act  which gives credit to the
bill, and  induces the  holder not to protest it;  or is intended
as a surprise upon him, and to induce him to consider the bill as
accepted. Chit. on Bills, 227. When he accepts it, it is his duty
to pay it at maturity.

  DRAWER, contracts. The party who makes a bill of exchange.

   2. The  obligations of  the drawer  to the  drawee  and  every
subsequent holder  lawfully entitled to the possession, are, that
the person  on whom he draws is capable of binding himself by his
acceptance that  he is  to be  found at  the place  where  he  is
described to reside, if a description be given in the bill;  that
if the  bill be  duly presented to him, he will accept in writing
on the  bill itself, according to its tenor, and that he will pay
it when  it becomes  due, if  presented in  proper time  for that
purpose;   and that  if the  drawee fail  to do  either, he,  the
drawer, will  pay the  amount, provided he have due notice of the
dishonor. 3. The engagement of the drawer of a bill is in all its
parts absolute  and irrevocable.  2 H.  Bl. 378;   3 B. & P. 291;
Poth. Contr.  de Change,  n. 58;  Chit. Bills, 214, Dane's Ab. h.

  DRAWING. A representation on paper, card, or other substance.

  2. The Act of Congress of July 4, 1836, section 6, requires all
persons who  apply  for  letters  patent  for  an  invention,  to
accompany their  petitions or  specifications with  a drawing  or
drawings of the whole, and written references, when the nature of
the case admits of drawings.

  DREIT. The same as Droit. (q. v.)

   DRIFTWAY. A road or way over which cattle are driven. 1 Taunt.
R. 279;  Selw. N. P. 1037;  Wool. on Ways, 1.

   DRIP. The  right of  drip is  an easementt  by which the water
which falls  on one  house is  allowed to  fall upon  the land of

   2. Unless  the owner  has  acquired  the  right  by  grant  or
prescription, he has no right so to construct his house as to let
the water  drip over  his neighbor's  land. 1 Roll. Ab. 107. Vide
Rain water;  Stillicidium;  and 3 Kent, Com. 436;  Dig. 43, 23, 4
et 6;  11 Ad. & Ell. 40;  S. C. 39 E. C. L. R. 21.

  DRIVER. One employed in conducting a coach, carriage, wagon, or
other vehicle, with horses, mules, or other animals.

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   2. Frequent  accidents occur  in consequence of the neglect or
want of  skill of  drivers of public stage coaches, for which the
employers are responsible.

   3. The  law requires  that a  driver should possess reasonable
skill and  be of  good habits for the journey;  if, therefore, he
is not acquainted with the road he undertakes to drive;  3 Bingh.
Rep. 314,  321;  drives with reins so loose that he cannot govern
his horses;   2 Esp. R. 533;  does not give notice of any serious
danger on  the road;  1 Camp. R. 67;  takes the wrong side of the
road;   4 Esp.  R. 273;   incautiously  comes in  collision  with
another carriage;   1  Stark. R.  423;  1 Campb. R. 167;  or does
not exercise  a sound  and reasonable discretion in travelling on
the road,  to avoid  dangers and  difficulties, and  any accident
happens by  which any  passenger is  injured, both the driver and
his employers will be responsible. 2 Stark. R. 37;  3 Engl. C. L.
Rep. 233;   2  Esp. R. 533;  11. Mass. 57;  6 T. R. 659;  1 East,
R. 106;  4 B. & A. 590;  6 Eng. C. L. R. 528;  2 Mc Lean, R. 157.
Vide Common carriers Negligence;  Quasi Offence.

   DROIT. A  French word,  which, in that language, signifies the
whole  collection   of  laws,   written  and  unwritten,  and  is
synonymous to  our word  law.  It  also  signifies  a  right,  il
n'existe point de droits sans devoirs, et vice versa. 1 Toull. n.
96;   Poth. h.  t. With  us it means right, jus. Co. Litt. 158. A
person was said to have droit droit, plurimum juris, and plurimum
possessionis, when he had the freehold, the fee, and the property
in him. Id. 266;  Crabb's H. Eng. L. 400.

    DROIT  D'ACCESSION,  French  civil  law.  Specificatio.  That
property which  is acquired  by making  a new  species out of the
material of  another. Modus acquirendi quo quis ex aliena materia
suo nomine  novam speciem faciens bona fide ejus speciei dominium
consequitur. It is a rule of the civil law, that if the thing can
be reduced  to the  former matter, it belongs to the owner of the
matter, e.  g. a  statue made  of gold,  but if  it cannot  so be
reduced, it  belongs to  the person  who made  it, e. g. a statue
made of  marble. This  subject is treated of in the Code Civil de
Napoleon,  art.  565  to  577;    Merlin  Repertoire  de  Surisp.
Accession;   Malleville's Discussion, art. 565. The Code Napoleon
follows. closely the Inst. of Just. lib . 2, tit. 1, §§25, 28.

   2. Doddridge,  in his English Lawyer, 125-6, states the common
law thus:   "  If a  man take, wrongfully, the material which was
mine and  is permanent,  not adding  anything thereunto  than the
form, only  by alteration thereof, such thing, so newly formed by
an exterior  form, notwithstanding, still remaineth mine, and may
be seized again by me, and I may take it out of his possession as
mine own.  But they  say, if  he add some other matter thereunto;
as, of  another man's  leather doth make shoes or boots, or of my
cloth, maketh  garments, adding  to the accomplishment thereof of
his own,  he hath thereby altered the property, so that the first
owner cannot  seize the  thing so  composed, but is driven to his
action to  recover his  remedy:   howheit, he  adds, in a case of

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that nature  depending, the  court had  determined that the first
owner might seize the same, notwithstanding such addition. But if
the thing  be transitory  in its  nature by the change, as if one
take ray  corn or meal, and thereof make bread, I cannot, in that
case, seize  the bread,  because, as the civil law speaketh, haec
species facta  ex materia  aliens, in pristinam formam reduci non
potest, ergo  ei a  quo est  facta cedit. So some have said, if a
man take  my barley, and thereof make malt, because it is changed
into another nature, it cannot be seized by me;  but the rule is:
That where  the material  wrongfully taken  away,  could  not  at
first, before  any alteration,  be seized;  for that it could not
be distinguished. from other things of that kind, as corn, money,
and such  like;   there those things cannot be seized because the
property of  those things  cannot be:  distinguished:  for, if my
money be  wrongfully taken  away, and  he that  taketh it do make
plate;   thereof, or  do convert  my plate  into money,  I cannot
seize the  same for  that money  is undistinguishable  from other
money of  that coin.  But, if a butcher take wrongfully my ox and
doth kill  it, and bring it into the market to be sold, I may not
seize upon  the flesh,  for it:   cannot  be known from others of
that, kind;   but  if it  be found hanging in the skin, where the
mark may appear, I may seize the same, although when it was taken
from me  it had  life, and  now is dead. So, if a man cut down my
tree, and  square it into a beam of timber, I may seize the same,
for he  bath  neither  altered  the  nature  thereof,  nor  added
anything but  exterior form thereunto;  but if he lay the beam of
timber into  the building  of a  house, I may not seize the same,
for being  so set  it is  become parcel  of the  house, and so in
supposition of law, after a sort, altered in its nature. See Year
Book 12  H. VIII.  9 b,  10 a;  Bro. Ab. Property, 45;  5 H. VII.
15;  Bro. Ab. Property, 23.

   DROITS OF ADMIRALTY. Rights claimed by the government over the
property of  an enemy. In England, it has been usual, in maritime
wars, for  the government  to seize  and condemn,  as  droits  of
admiralty, the  property of  an enemy  found in  her ports at the
breaking out  of hostilities.  1 Rob.  R. 196;   13  Ves. jr. 71;
Edw. R. 60;  3 B. & P. 191.

   DROIT D'AUBAINE,  jus albinatus.  This was a rule by which all
the  property   of  a  deceased  foreigner,  whether  movable  or
immovable, was  confiscated to  the use  of  the  state,  to  the
exclusion of his heirs, whether claiming ab intestato, or under a
will of  the deceased.  The word  aubain signifies  hospes  loci,
peregrinus advena,  a stranger. It is derived, according to some,
from alibi,  elsewhere, natus,  born, from which the word albinus
is said  to be formed. Others, as Cujas, derive the word directly
from advena, by which word, aubains, or strangers, are designated
in the  capitularies of Charlemagne. See Du Cange and Dictionaire
de Trevoux.

   2. As the darkness of the middle ages wore away, and the light
of civilization  appeared, thing barbarous and inhospitable usage
was by  degrees discontinued,  and is now nearly abolished in the

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civilized world.  It subsisted  in France, however, in full force
until 1791,  and afterwards, in a modified form, until 1819, when
it was  formally abolished  by law.  For the gross abuses of this
feudal exaction,  see Dictionaire  de l'Ancien Regime et des abus
feodaux. Aubain. See Albinatus jus.

   DROIT-CLOSE. The  name of an ancient writ directed to the lord
of ancient  demesne, and  which lies for those tenants in ancient
demesne who  hold their  lands and  tenements by  charter in  fee
simple, in fee tail, for life, or in dower. F. N. B. 23.

  DROITURAL. What belongs of right;  relating to right;  as, real
actions are  either droitural or possessory;  droitural, when the
plaintiff seeks to recover the property. Finch's Law, 257.

  DRUNKENNESS. Intoxication with strong liquor.

   2. This is an offence generally punished by local regulations,
more or less severely.

   3. Although drunkenness reduces a man to a temporary insanity,
it does not excuse him or palliate his offence, when he commits a
crime during  a fit  of intoxication,  and which is the immediate
result of  it. When the act is a remote consequence, superinduced
by the  antecedent drunkenness  of the  party,  as  in  cases  of
delirium tremens or mania a potu, the insanity excuses the act. 5
Mison's R.  28;   Amer. Jurist,  vol. 3,  p. 5-20;    Martin  and
Yeager's. R.  133, 147;. Dane's Ab. Index, h. t.;  1 Russ. on Cr.
7;  Ayliffe's Parerg. 231 4 Bl. Com. 26.

   4. As  there must  be a  will and intention in order to make a
contract, it  follows, that  a man  who is  in such  a  state  of
intoxication as  not to  know what  he  is  doing,  may  avoid  a
contract entered  into by  him while  in this  state. 2 Aik. Rep.
167;  1 Green, R. 233;  2 Verm. 97;  1 Bibb, 168;  3 Hayw. R. 82;
1 Hill,  R. 313;   1 South. R. 361;  Bull. N. P. 172;  1 Ves. 19;
18 Ves.  15;   3 P.   Wms. 130, n. a;  Sugd. Vend. 154;  1 Stark.
126;   1 South.  R. 361;   2  Hayw. 394;  but see 1 Bibb, R. 406;
Ray's Med.  Jur. ch.  23, 24;   Fonbl.  Eq. B. 2, 3;  22 Am. Jur.
290;   1 Fodere,  Med.  Leg.  §215.  Vide  Ebriosity;    Habitua.

   DRY. Used  figuratively,  it  signifies  that  which  produces
nothing;  as, dry exchange;  dry rent;  rent seek.

   DRY EXCHANGE,  contracts. A  term invented  for disguising and
covering usury;   in  which something,  was pretended  to pass on
both sides,  when in  truth nothing passed on one side, whence it
was called dry. Stat. 3 Hen. VII. c. 5 Wolff, Ins. Nat. §657.

   DRY RENT,  contracts. Rent-seek, was a rent reserved without a
clause of distress.

  DUCAT. The name of a foreign coin. The ducat of Naples shall be

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estimated in  the computations of customs, at eighteen cents. Act
of May 22, 1846.

   DUCES TECUM,  practice, evidence.  Bring  with  thee.  A  writ
commonly called  a subpoena duces tecum, commanding the person to
whom it  is directed  to bring with him some writings, papers, or
other things therein specified and described, before the court. 1
Phil. Ev. 886.

   2. In general all papers in the possession of the witness must
be produced;   but  to this  general rule  there are  exceptions,
among which  are the  following:  1. That a party is not bound to
exhibit his  own title deeds. 1 Stark. Ev. 87;  8 C. & P. 591;  2
Stark. R.  203;  9 B. & Cr. 288. 2. One who has advanced money on
a lease,  and holds  it as  his security, is not bound to produce
it. 6  C. &  P. 728.  3. Attorneys  and solicitors  who hold  the
papers of  their clients  cannot be  compelled to  produce  them,
unless the client could have been so compelled. 6 Carr. & P. 728.
See 5  Cowen, R.  153, 419;   Esp.  R. 405;  11 Price, R. 455;  1
Adol. &  Ell. 31;   1  C. M. & R. 38 1 Hud. & Brooke, 749. On the
question how  far this  clause is  obligatory on a witness, see 1
Dixon on Tit. Deeds, 98, 99, 102;  1 Esp. N. P. Cas. 405;  4 Esp.
N. P. C. 43;  9 East, Rep. 473.

  DUCKING-STOOL, punishment. An instrument used, in dipping women
in the  water, as  a punishment,  on conviction  of being  common
scolds. It is sometimes confounded with tumbrel. (q. v.)

   2. This barbarous punishment was never in use in Pennsylvania.
12 Serg. & Rawle, 220.

   DUCROIRE. This is a French word, which has the same meaning as
the Italian phrase del credere. (q. v.) 2 Pard. Dr. Com. n. 564.

   DUE. What  ought to be paid;  what may be demanded. It differs
from owing in this, that, sometimes, what is owing is not due;  a
note, payable  thirty days after date, is owing immediately after
it is  delivered to the payee, but it is not due until the thirty
days have elapsed.

   2. Bills of exchange, and promissory notes, are not, due until
the end  of the  three days  of grace, (q. v.) unless the last of
these days  happen to fall on a Sunday, or other holyday, when it
becomes due  on the  Saturday  before,  and  not  on  the  Monday
following. Story,  P. N. §440;  1 Bell's Com. 410 Story on Bills,
§283;  2 Hill, N. Y. R. 587;  2 Applet. R. 264.

   3. Due  also signifies just or proper;  as, a due presentment,
and demand of payraent, must be made. See 4 Rawle, 307;  3 Leigh,
389;  3 Cranch, 300.

   DUE-BILL. An  acknowledgment of  a debt,  in  writing,  is  so
called. This  instrument differs  from a  promissory note in many
particulars;  it is not payable to order, nor is it assignable by

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mere endorsement. See I 0 U;  Promissory notes.

   DUELLING, crim.  law. The fighting of two persons, one against
the other,  at an  appointed time  and place,  upon  a  precedent
quarrel. It differs from an array in this, that the latter occurs
on a  sudden quarrel,  while the  former is  always the result of

  2. When one of the parties is killed, the survivor is guilty of
murder. 1  Russ. on Cr. 443;  1 Yerger's R. 228. Fighting a duel,
even  where   there  is   no  fatal  result,  is,  of  itself,  a
misdemeanor. Vide  2 Com.  Dig. 252;   Roscoe's  Cr. Ev.  610;  2
Chit. Cr. Law, 728;  Id. 848;  Com. Dig. Battel, B;  3 Inst. 157;
6 East,  464 Hawk.  B. 1,  c. 31, s. 21;  3 East, R. 581 3 Bulst.
171 4  Bl. Com. 199 Prin. Pen. Law, c. 19, p 245;  Const. R. 107;
1 Stew. R. 506;  20 John. 457;  3 Cowen, 686. For cases of mutual
combat, upon a sudden quarrel, Vide 1 Russ. on Cr. 495.

   DUKE. The  title given to those who are in the highest rank of
nobility in England.

   DUM FUIT  INFRA AETATEM. The name of a writ which lies when an
infant has  made a feoffment in fee of his lands, or for life, of
a gift in tail.

   2. It  may be  sued out by him after he comes of full age, and
not before;   but,  in the mean time, he may enter, and his entry
remits him  to his  ancestor's rights.  F. N.  B. 192;  Co. Litt.
247, 337.

   DUM SOLA. While single or unmarried. This phrase is applied to
single women,  to denote  that something has been done, or may be
done, while  the woman  is or  was  unmarried.  Example,  when  a
judgment is rendered against a woman dum sola, and afterwards she
marries, the scire facias to revive, the judgment must be against
both hushand and wife.

  DUM NON FUIT COMPOS MENTIS, Eng. law. The name of a writ, which
the heirs  of a person who was non compos mentis, and who aliened
his lands,  might have sued out, to restore him to his rights. T.

  DUMB. One who cannot speak;  a person who is mute. See Deaf and
dumb, Deaf, dumb, and blind;  Mute, standing mute.

   DUMB-BIDDING, contracts.  In sales at auction, when the amount
which the  owner of  the thing  sold is  willing to  take for the
article, is written, and placed by the owner under a candlestick,
or other  thing, and  it is  agreed that  no bidding  shall avail
unless equal  to that;   this  is called  dumbidding. Babingt. on
Auct. 44.

   DUNG. Manure.  Sometimes it is real estate, and at other times
personal property.  When collected  in a  heap,  it  is  personal

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estate;   when spread out-on the land, it becomes incorporated in
it, and it is then real estate. Vide Manure.

   DUNGEON. A cell under ground;  a place in a prison built under
ground, dark, or but indifferently lighted. In the prisons of the
United States, there are few or no dungeons.

   DUNNAGE, mer. law. Pieces of wood placed against the sides and
bottom of  the hold  of a  vessel, to preserve the cargo from the
effect of leakage, according to its nature and quality. 2 Magens,
101, art. 125, 126 Abbott on Shipp. 227.

   DUPEX QUERELA, Eng. eccl. law. A complaint in the nature of an
appeal from  the ordinary  to his  next immediate superior. 3 Bl.
Com 247.

   DUPLICATA. It  is the  double of  letters patent,  letters  of
administration, or other instrument.

  DUPLICATE. The double of anything.

   2. It is usually applied to agreements, letters, receipts, and
the like,  when two  originals are  made of  either of them. Each
copy has  the same  effect. The  term duplicate means a document,
which is essentially the same as some other instrument. 7 Mann. &
Gr. 93.  In the English law, it also signifies the certificate of
discharge given  to an insolvent debtor, who takes the benefit of
the act for the relief of insolvent debtors.

   3. A  duplicate writing  has but one effect. Each duplicate is
complete evidence  of  the  intention  of  the  parties.  When  a
duplicate is destroyed, for example, in the case of a will, it is
presumed.  both   are  intended   to  be  destroyed;    but  this
presumption  possesses   greater  or   less   force)   owing   to
circumstances.  When  only  one  of  the  duplicates  is  in  the
possession of  the testator,  the destruction of that is a strong
presumption of  an intent  to revoke  both;   but if he possessed
both, and  destroys but  one, it  is weaker;  when he alters one,
and afterwards  destroys it  , retaining the other entire, it has
been held  that the  intention was to revoke both. 1 P. Wms. 346;
13 Ves. 310 but that seems to be doubted. 3 Hagg. Eccl. R. 548.

   DUPLICATUM JUS,  a  twofold  or  double  right.  Those  words,
according to  Bracton, lib.  4, c.  3, signify  the same as dreit
dreit, or  droit droit,  and are  applied to  a  writ  of  right,
patent, and  such other writs of right as are of the same nature,
and do,  as it were, flow from it, as the writ of right. Booth on
Real Actions, 87.

     DUPLICITY,  pleading.  Duplicity  of  pleading  consists  in
multiplicity of  distinct matter  to  one  and  the  same  thing,
whereunto several  answers are  required. Duplicity  may occur in
one and  the same pleading. Double pleading consists in alleging,
for one single purpose or object, two or more distinct grounds of

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defence, when  one of  them would be as effectual in law, as both
or all.

   2. This  the common  law does  not allow,  because it produces
useless prolixity,  and always  tends to  confusion, and  to  the
multiplication of  issues. Co.  Litt. 304, a;  Finch's Law, 393.;
3 Bl. Com. 311;  Bac. Ab. Pleas, K 1.

   3. Duplicity  may be  in the  declaration, or  the  subsequent
proceedings:   Duplicity in  the declaration consists in joining,
in one  and the  same count,  different  grounds  of  action,  of
different natures,  Cro. Car. 20;  or of the same nature, 2 Co. 4
a;   1 Saund.  58, n.  1;   2 Ventr.  198;   Steph. Pl.  266;  to
enforce only a single right of recovery.

   4. This  is a  fault in  pleading, only  because it  tends  to
useless prolixity  and confusion, and is, therefore, only a fault
in form. The rule forbidding double pleading "extends," according
to Lord Coke, "to pleas perpetual or peremptory, and not to pleas
dilatory;   for in  their time  and place a man may use divers of
them." Co.  Litt. 304,  a. But  by this  is not  meant  that  any
dilatory plea  way be  double, or,  in other  words, that  it way
consist of  different matters,  or answers  to one  and the  same
thing;  but merely that, as there are several kinds or classes of
dilatory pleas,  having distinct  offices or effects, a defendant
may use  "divers of  them" successively,  (each being  in  itself
single,) in their proper order. Steph. Pl. App. note 56.

   5. The  inconveniences which  were felt in consequence of this
strictness were  remedied by  the statute,  4 Ann.  c. 16,  s. 4,
which provides,  that "  it shall be lawful for any defendant, or
tenant, in  any action or suit, or for any plaintiff in replevin,
in any  court of record, with leave of the court to plead as many
several matters  thereto as  he shall  think  necessary  for  his

   6. This provision, or a similar one, is in force, probably, in
most of the states of the American Union.

   7. Under this statute, the defendant may, with leave of court,
plead as  many different  pleas in bar, (each being a single,) as
he may  think proper;   but  although  this  statute  allows  the
defendant to  plead several  distinct and  substantive matters of
defence, in  several distinct pleas, to the whole, or one and the
same part  of the plaintiff's demand;  yet, it does not authorize
him to  allege more than one, ground of defence in one plea. Each
plea must  still be  single, as  by the  rules of the common law.
Lawes, Pl. 131;  1 Chit. Pl. 512.

   8. This  statute extends only to pleas to the declaration, and
does  not  embrace  replications,  rejoinders,  nor  any  of  the
subsequent pleadings.  Lawes, Pl.  132;   2 chit.  Pl. 421;  Com.
Dig. Pleader,  E 2;   Story's  Pl. 72,  76;   5 Am. Jur. 260-288.
Vide) generally,  1 Chit.  Pl. 230,  512;  Steph. Pl. c. 2, s. 3,

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rule 1;   Gould  on Pl.  c. 8, p. 1;  Archb. Civ. Pl. 191;  Doct.
Pl. 222;  5 John. 240;  8 Vin. Ab. 183;  U. S. Dig. Pleading, II.
e and f.

  DURANTE. A term equivalent to during, which is used in some law
phrases, as  durante absentia,  during absence;    durante  minor
cetate, during  minority;   durante bene placito, during our good

   DURANTE ABSENTIA. When the executor is out of the jurisdiction
of the  court or officer to whom belongs the probate of wills and
granting letters  of administration,  letters  of  administration
will be  granted to  another during  the absence of the executor;
and the person thus appointed is called the administrator durante

  DURANTE MINORE AETATE. During the minority.

   2. During  his minority, an infant can enter into no contract,
except those  for his  benefit. If  he  should  be  appointed  an
executor, administration  of the  estate will be granted, durante
minore &,tate, to another person. 2 Bouv. Inst. n. 1555.

   DURESS. An  actual or  a threatened violence or restraint of a
man's person,  contrary to  law, to  compel him  to enter  into a
contract, or to discharge one. 1 Fairf. 325.

   2. Sir  William Blackstone  divides  duress  into  two  sorts:
First. Duress  of imprisonment,  where a  man actually  loses his
liberty. If  a man  be illegally deprived of his liberty until he
sign and seal a bond, or the like, he may allege this duress, and
avoid the  bond. But,  if a man be legally imprisoned, and either
to procure  his discharge,  or on  any other fair account, seal a
bond or  a deed, this is not by duress of imprisonment, and he is
not at  liberty to  avoid it.  2 Inst. 482;  3 Caines' R. 168;  6
Mass. R.  511;  1 Lev. 69;  1 Hen. & Munf. 350;  5 Shepl. R. 338.
Where the  proceedings at, law are a mere pretext, the instrument
may be avoided. Aleyn, 92;  1 Bl. Com. 136.

   3. Second.  Duress per minas, which is either for fear of loss
of life,  or else for fear of mayhem, or loss of limb,;  and this
must be upon a sufficient reason. 1 Bl. Com. 131. In this case, a
man way  avoid  his  own  act.  Id.  Lord  Coke  enumerates  four
instances in  which a  man may  avoid his  own act  by reason  of
menaces:   1st. For  fear of  loss of life. 2d. Of member. 3d. Of
mayhem. 4th. Of imprisonment. 2 Inst. 483;  2 Roll. Abr. 124 Bac.
Ab. Duress;  Id. Murder, A;  2 Str. R. 856 Fost. Cr. Law, 322;  2
St. R. 884 2 Ld. Raym. 1578;  Sav. Dr. Rom. §114.

   4. In  South Carolina, duress of goods, under circumstances of
great hardship,  will avoid a contract. 2 Bay R. 211 Bay, R. 470.
But see Hardin, R. 605;  2 Gallis. R. 337.

  5. In Louisiana consent to a contract is void if it be produced

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by violence or threats, and the contract is invalid. Civ. Code of
Louis. art. 1844.

   6. It  is not every degree of violence or any hind of threats,
that will  invalidate a  contract;   they must  be such  as would
naturally operate on a person of ordinary firmness, and inspire a
just fear  of great  injury to person, reputation or fortune. The
age, sex,  state of health;  temper and disposition of the party,
and 0ther circumstances calculated to give greater or less effect
to the violence or threats, must be taken into consideration. Id.
art. 1845.  The author  of Fleta  states the  rule of the ancient
common law thus:  "Est autem metus praesentis vel futuri periculi
causa mentis  trepidatio;   est praesertim viri constantis et non
cujuslibet vani  hominis vel meticulosi et talis debet esse metus
qui in se contineat, mortis periculum, vel corporis cruciatura."

   7. A  contract by  violence or  threats, is void, although the
party in  whose favor  the contract is made, and not exercise the
violence or  make the  threats, and  although he were ignorant of
them. Id. 1846.

   8. Violence  or threats  are cause  of nullity, not only where
they are  exercised on  the contracting party, but when the wife,
the hushand,  the descendants  or ascendants of the party are the
object of  them. Id.  1847. Fleta  adds on  this  subject:    "et
exceptionem habet  si sibi ipsi inferatur vis et metus verumetiam
si vis  ut filio vel filiae, patri vel fratri, vel sorori et ahis
domesticis et propinquis."

   9. If  the violence  used be  only a  legal constraint, or the
threats only of doing that which the party using them had a right
to do,  they shall  not invalidate  the contract A just and legal
imprisonment, or  threats of  any measure  authorized by law, and
the circumstances of the case, are of this description. Id. 1850.
See Norris  Peake's Evid.  440, and the cases cited also, 6 Mass.
Rep. 506, for the general rule at common law.

  10. But the mere forms of law to cover coercive proceedings for
an unjust  and illegal  cause, if  used or threatened in order to
procure the  assent to a contract, will invalidate it;  an arrest
without cause  of action,  or a demand of bail in an unreasonable
sum, or  threat of  such proceeding,  by this  rule invalidate  a
contract made under their pressure. Id. 1851.

   11. All the above, articles relate to cases where there may be
some other  motive besides the violence or threats for making the
contract. When,  however, there  is no other cause for making the
contract, any threats, even of slight injury, will invalidate it.
Id. 1853.  Vide, generally, 2 Watts, 167;  1 Bailey, 84;  6 Mass.
511;  6 N. H. Rep. 508;  2 Gallis. R. 337.

   DUTIES. In  its most  enlarged  sense,  this  word  is  nearly
equivalent to  taxes, embracing all impositions or charges levied
on persons  or things;  in its more restrained sense, it is often

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used as equivalent to customs, (q. v.) or imposts. (q. v.) Story,
Const. §949.  Vide, for  the rate  of duties payable on goods and
merchandise, Gord.  Dig. B.  7, t.  1, c.  1;   Story's L.  U. S.
Index, h. t.

  DUTY, natural law. A human action which is, exactly conformable
to the laws which require us to obey them.

   2. It  differs from  a legal obligation, because a duty cannot
always be  enforeed by  the law;  it is our duty, for example, to
be temperate  in eating,  but we are under no legal obligation to
be so;   we ought to love our neighbors, but no law obliges us to
love them.

  3. Duties may be considered in the relation of man towards God,
towards himself, and towards mankind. 1. We are bound to obey the
will of  God as  far as we are able to discover it, because he is
the sovereign  Lord of  the universe  who made  and  governs  all
things by  his almighty  power, and  infinite wisdom. The general
name of  this duty is piety:  which consists in entertaining just
opinions concerning  him, and  partly in  such affections towards
him, and such, worship of him, as is suitable to these opinions.

   4. -  2. A  man has  a duty to perform towards himself;  he is
bound by the law of nature to protect his life and his limbs;  it
is his  duty, too,  to  avoid  all  intemperance  in  eating  and
drinking, and  in the  unlawful gratification  of all  his  other

  5. - 3. He has duties to perform towards others. He is bound to
do to  others the  same justice  which he  would have  a right to
expect them to do to him.

   DWELLING:   HOUSE. A building inhabited by man. A mansion. (q.

   2. A  part of a house is, in one sense, a dwelling house;  for
example, where  two or  more persons  rent of the owner different
parts of  a house,  so as to have among them the whole house, and
the owner  does not  reserve or  occupy any  part,  the  separate
portion of  each will,  in cases  of burglary,  be considered the
dwelling house of each. 1 Mood. Cr. bas. 23.

  3. At common law, in cases of burglary, under the term dwelling
house are  included the out-houses within the curtilage or common
fence with  the dwelling house. 3 Inst. 64;  4 Bl. Com. 225;  and
vide Russ  & Ry. Cr. Cas. 170;  Id. 186;  16 Mass. 105;  16 John.
203;   18 John.  115;   4 Call,  109;   1 Moody,  Cr.  Cas.  274;
Burglary;  Door;  House;  Jail;  Mansion.

   DYING DECLARATIONS.  When a man has received a mortal wound or
other injury,  by which  he is  in imminent  danger of dying, and
believes  that   he  must  die,  and  afterwards  does  die,  the
statements he  makes as  to the  manner in which he received such

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injury, and  the person  who committed  it, are  called his dying

   2. These  declarations are  received in  evidence against  the
person thus accused, on the ground that the party making them can
have no  motive but  to tell  the truth. The following lines have
been put into the mouth of such a man:
           Have I not hideous Death before my view,
           Retaining but a quantity of life,
           Which bleeds away, even as a form of wax
           Resolveth from his figure 'gainst the fire ?
           What in the world should make me now deceive,
           Since I must lose the use of all deceit?
           Why then should I be false, since it is true
           That I must die here, and live hence by truth.

See Death;  Deathbed or dying declarations;  Declarations.

   DYNASTY. A  succession of  kings in  the same  line or family;
government;  sovereignty.

  DYSNOMY. Bad legislation;  the enactment of bad laws.

   DYSPEPSIA, med.  jur., contracts.  A state  of the  stomach in
which its  functions are disturbed, without the presence of other
diseases;   or when,  if other  diseases are present, they are of
minor importance. Dunglison's Med. Dict. h. t.

   2. Dyspepsia is not, in general, considered as a disease which
tends to  shorten life, so as to make a life uninsurable;  unless
the complaint  has become  organic dyspepsia,  or was  of such  a
degree at  the time  of the insurance, as, by its excess, to tend
to shorten life. 4 Taunt. 763.

  DYVOUR, Scotch law. A bankrupt.

   DYVOUR'S HABIT. Scotch law. A habit which debtors, who are set
free on  a cessio  bonorum, are  obliged to  wear, unless  in the
summons and  process of  cessio, it  be libelled,  sustained, and
proved  that   the  bankruptcy   proceeds  from  misfortune.  And
bankrupts are  condemned to  submit to  the habit,  even where no
suspicion of  fraud lies  against them, if they have been dealers
in an  illicit trade.  Ersk. Pr. L. Scot. 4, 3, 13. This practice
was bottomed  on that  of the  Roman civil  law, which Filangierl
says is  better fitted  to excite  laughter than  compassion.  He
adds:   " Si  conduce il  debitore vicino  ad una colonna a quest
officio destinata,  egli l'abbraccia  nel mentre,  che uno araldo
grida Cedo  bonis ed  un al  tro gli abza le vesti, e palesa agli
spettatori le  sue natiche.  Finita questa  ceremonia il debitore
messo in liberta." Filangieri della legislazione, cap. iv.

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