日期:2008-03-12 TO DECEIVE . To induce another either by words or actions, to take that for true which is not so. Wolff, Inst. Nat. 356. DECEM TALES , practice. In the English law this is a writ which gives to the sheriff apponere decem tales; i. e. to appoint ten... 阅读全文>> 日期:2008-03-12 DEBTEE . One to whom a debt is due a creditor, as, debtee executor. 3 Bl. Com. 18. DEBTOR , contracts. One who owes a debt; he who may be constrained to pay what he owes. 2. A debtor is bound to pay his debt personally, and all the estate he possess... 阅读全文>> 日期:2008-03-12 DEBT , contracts. A sum of money due by certain and express agreement. 3 Bl. Com. 154. In a less technical sense, as in the act to regulate arbitrations and proceedings in courts of justice of Pennsylvania, passed the 21st of March, 1806, s. 5, it m... 阅读全文>> 日期:2008-03-12 DEBATE , legislation, practice. A contestation between two or more persons, in which they take different sides of a question, and maintain them, respectively, by facts and arguments; or it is a discussion, in writing, of some contested point. 2. The... 阅读全文>> 日期:2008-03-12 DEATH BED , Scotch law. The incapacity to exercise the power of disposing of one's property after being attacked with a mortal disease. 2. It commences with the beginning of such disease. 3. There are two exceptions to this general rule, namely: 1.... 阅读全文>> 日期:2008-03-12 DEAF AND DUMB . No definition is requisite, as the words are sufficiently known. A person deaf and dumb is doli capax but with such persons who have not been educated, and who cannot communicate, their ideas in writing, a difficulty sometimes arises... 阅读全文>> 日期:2008-03-12 DEAD-BORN , descent, persons. Children dead-born are considered, in law, as if they had never been conceived, so that no one can claim a title, by descent, through such dead-born child. This is the doctrine of the civil law. Dig. 50, 16, 129. Non na... 阅读全文>> 日期:2008-03-12 DE REPARATIONE FACIENDA . The name of a writ which lies by one tenant in common against the other, to cause him to aid in repairing the common propert. 8 B. C. 269. DE RETORNO HABENDO The name of a writ issued after a judgment has been given in repl... 阅读全文>> 日期:2008-03-12 DE MERCATORIBUS . This is the name of a statute passed in the 11 Edw. I.; it is usually called the statute of Acton Burnell De Mercatoribus. It was passed in consequence of the complaints of foreign merchants, who could not recover the claims, becau... 阅读全文>> 日期:2008-03-12 DE JUDAISMO, STATUTUM . The name of a statute passed in the reign of Edw. I., which enacted severe and absurd penalties against the Jews. Barr. on Stat. 197. 2. The Jews were exceedingly oppressed during the middle ages throughout Christendom, and,... 阅读全文>> 日期:2008-03-12 DE DOMO REPARANDA . The name of an ancient common law writ, by which one tenant in common might compel his co-tenant to concur in the expense of repairing the property held in common. 8 B. C. 269; 1 Tho. Co. Litt. 216, note 17, and p. 787. DE DONIS,... 阅读全文>> 日期:2008-03-12 DE . A preposition used in many Latin phrases - as, de bone esse, de bonis non. DE ARBITRATIONE FACTA, WRIT . In the ancient English law, when an action was brought for the same cause of action which had been before settled by arbitration, this writ... 阅读全文>> 日期:2008-03-12 DAY BOOK , mer. law. An account book, in which merchants and others make entries of their daily transactions. This is generally a book of original entries, and as such may be given in evidence to prove the sale and delivery, of merchandise or of wor... 阅读全文>> 日期:2008-03-12 DATION EN PAIEMFNT , civil law. This term is used in Louisiana; it signifies that, when instead of paying a sum of money due on a pre-existing debt, the debtor gives and the creditor agrees to receive a movable or immovable. 2. It is somewhat like t... 阅读全文>> 日期:2008-03-12 DANGERS OF THE SEA , mar. law. This phrase is sometimes put in bills of lading, the master of the ship agreeing to deliver the goods therein mentioned to the consignee, who is named, the dangers of the sea excepted. Sometimes the phrase is Perils of... 阅读全文>> 日期:2008-03-12 DAMNIFY . To cause damage, injury or loss. DAMNOSA HAEREDITAS . A name given by Lord Kenyon to that species of property of a bankrupt, which, so far from being valuable, would be a charge to the creditors for example, a term of years, where the rent... 阅读全文>> 日期:2008-03-12 DAMAGES, SPECIAL , torts. Special damages are such as are in fact sustained, and are not implied by law; these are either superadded to general damages, arising from an act injurious in itself, as when some particular loss arises. from the uttering... 阅读全文>> 日期:2008-03-12 DAMAGES, DOUBLE or TREBLE , practice. In cases where a statute gives a party double or treble damages, the jury are to find single damages, and the court to enhance them, according to the statute Bro. Ab. Damages, pl. 70; 2 Inst. 416; 1 Wils. 126; 1... 阅读全文>> 日期:2008-03-12 DAMAGES, EXCESSIVE . Such damages as are unreasonably great, and not warranted by law. 2. The damages are excessive in the following cases: 1. When they are gre-ater than is demanded by the writ and declaration. 6 Call 85; 7 Wend. 330. 2. When they... 阅读全文>> 日期:2008-03-12 DAMAGED GOODS . In the language of the customs, are goods subject to duties, which have received some injury either in the voyage home, or while bonded in warehouses. See Abatement, merc. law. DAMAGES , practice. The indemnity given by law, to be re... 阅读全文>> |
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