DEGREE, measures. In angular measures, a degree is equal to sixty minutes, or the thirtieth part of a sine. Vide Measure.
DEGREE, persons. By. degree, is understood the state or condition of a person. The ancient English statute1 of additions, for example, requires that in process, for the better description of a defendant2, his state, degree, or mystery, shall be mentioned.
DEGREES, academical. Marks of distinction conferred on students, in testimony3 of their proficiency4 in arts and sciences. They are of pontifical5 origin. See 1 Schmidt's Thesaurus, 144; Vicat, ad voc. Doctores Minshew, Dict. ad voc Bacheler; Merl. Rep ad voc Universite; Van Espen, p. 1, tit. 10, c. Giaunone Istoria, di Napoli, lib. xi. c. 2, for a full account of this matter.
DEHORS. Out of; without. By this word is understood something out of the record, agreement, will, or other thing spoken of; something foreign to the matter in question.
DEI JUDICIUM. The judgment6 of God. This name was given to the barbarous and superstitious7 trial by ordeal8.
DEL CREDERE, contracts. A del credere commission is one under which the agent, in consideration of an additional premium9, engages to insure to his principal not only the solvency10 of the debtor11, but the punctual discharge of the debt; and he is liable, in the first instance, without any demand from the debtor. 6 Bro. P. C. 287; Beawes, 429; 1 T. Rep. 112; Paley on Agency, 39.
2. If the agent receive the amount of sales, and remit12 the amount to the principal by a bill of exchange, he is not liable if it should be protested. 2 W. C. C. R. 378. See, also, Com. Dig. Merchant, B; 4 M. & S. 574.
DELAWARE. The name of one of the original states of the United States of America. For a time the counties of this state were connected with Pennsylvania, under the name of territories annexed13 to the latter. In 1703, a separation between them took place, and from that period clown to the Revolution, the territories were governed by a separate legislature of their own, pursuant to the liberty reserved to them by a clause of their original charter. 1 Story, Constitution, §127; 1 Votes of Assembly, 131, and part 2, p. 4, of Pennsylvania.
2. The constitution of this state was amended14 and adopted December 2, 1831. The powers of the government are divided into three branches, the legislative15, the executive, and the judicial16.
3. - 1st. The legislative power of the state is vested in a general assembly, which consists of a senate and house of representatives.
4. - 1. The senate is composed of three senators from each county; the number may be increased by the general assembly, two-thirds of each branch concurring17, but the number of senators shall never be greater than one-half, nor less than two-thirds of the number of representatives. Art. 2, s. 3. The senators are chosen for four years by the citizens residing in the several counties.
5. - 2. The house of representatives is composed of seven members from each county, but the general assembly, two-thirds of each branch concurring, may increase the number. The representatives are chosen for two years by the citizens residing in the several counties. Art. 2, s. 2.
6. - 2d. The supreme18 executive power of the state is vested in a governor, who is chosen by the citizens of the state. He holds his office during four years, from the third Tuesday in January next ensuing his election; and is not eligible19 a second time to the said office. Art. 3. Upon the happening of a vacancy20, the speaker of the senate exercises the office, until a governor elected by the people shall be duly qualified21. Art. 3, s. 14.
7. - 3d. The judicial power is vested in a court of errors and appeals,, a superior court, a court of chancery, an orphan's court, a court of oyer and terminer, a Court of general sessions of the peace and jail delivery, a register's court, justices of the peace, and such other courts as the general assembly, with the concurrence22 of two-thirds of all the members of both houses shall, from time to time, establish. Art. 6.
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