DEED POLL, contracts. A deed made by one party only is not indented¹, but polled or shaved quite even, and is, for this reason, called a deed poll, or single deed. Co. Litt. 299, a.

2. A deed poll is not, strictly² speaking, an agreement between two persons; but a declaration of some one particular person, respecting an agreement made by him with some other person. For example, a feoffment from A to B by deed poll, is not an agreement between A and B, but rather a declaration by A addressed to all mankind, informing them that he thereby³ gives and enfeoffs B of certain land therein described.

3. It was formerly⁴ called charta de una parte, and, usually began with these words, Sciant praesentes et futuri quod ego⁵ A, &c.; and now begins, "Know all men by these presents, that I, A B, have given, granted, and enfeoffed, and by these presents do give, grant and enfeoff," &c. Cruise, Real Prop⁶. tit. 32, c. 1, s. 23.

DEFALCATION⁷, practice, contracts. The reduction of the claim of one of the contracting parties against the other, by deducting⁹ from it a smaller claim due from the former to the latter.

2. The law operates this reduction , in certain cases, for, if the parties die or are insolvent¹⁰, the balance between them is the only claim; but if they are solvent¹¹ and alive, the defendant¹² may or may not defalcate¹³ at his choice. See Set off. For the etymology¹⁴ of this word, see Bracken. Law Misc. 186; 1 Rawle's R. 291; 3 Binn. R. 135.

3. Defalcation also signifies the act of a defaulter. The bankrupt act of August 19, 1841, (now repealed), declares that a person who owes debts which have been created in consequence of a defalcation as a public officer, or as executor, administrator¹⁵, guardian¹⁶ or trustee, or while acting⁸ in any other fiduciary¹⁷ capacity, shall not have the benefit of that law.

DEFAMATION¹⁸, tort. The speaking slanderous²⁰ words of a person so as, de bona fama aliquid detrahere, to hurt his good fame. Vide Slander¹⁹.

2. In the United States, the remedy for defamation is by an action on the case, where the words are slanderous.

3. In England, besides the remedy by action, proceedings²¹ may be instituted in the ecclesiastical court for redress²² of the injury. The punishment for defamation, in this court, is payment of costs and penance²³ enjoined²⁴ at the discretion²⁵ of the judge. When the slander has been privately²⁶ uttered, the penance may be ordered to be performed in a private place; when publicly uttered, the sentence must be public, as in the church of the parish of the defamed party, in time of divine service,, and the defamer may be required publicly to pronounce that by such words, naming them, as set forth²⁷ in the sentence, he had defamed the plaintiff, and, therefore, that he begs pardon, first, of God, and then of the party defamed, for uttering such words. Clerk's Assist. 225; 3 Burn's Eccl. Law, Defamation, pl. 14; 2 Chit. Pr. 471 Cooke on Def.