英文法律词典 D-7

DANGERS OF THE SEA, mar¹. law. This phrase is sometimes put in bills of lading, the master of the ship agreeing to deliver the goods therein mentioned to the consignee², who is named, the dangers of the sea excepted. Sometimes the phrase is "Perils³ of the Sea." (q. v.) See 1 Brock. R. 187.

DARREIN. A corruption⁴ of the French word "dernier," the last. It is sometimes used as, "darrein continuance," the last continuance. When any matter has arisen in discharge of the defendant⁵ in action, he may take advantage of it, provided he pleads itpuis darrein continuance; for if he neglect to do so, he waives⁶ his right. Vide article darrein continuance.

DARREIN SEISIN. The name of a plea to a writ⁷ of entry or a writ of right. 3 Met. 175.

DATE. The designation or indication in an instrument of writing, of the time, and usually of the time and place, when and where it was made. When the place is mentioned in the date of a deed, the law intends, unless the contrary appears, that it was executed at the place of the date. Plowd. 7 b., 31 H. VI. This word is derived⁸ from the Latin datum⁹, because when deeds and agreements were written in that language, immediately before the day, month and year in which they were made, was set down, it was usual to put the word datum, given.

2. All writings ought to bear a date, and in some it is indispensable in order to make them valid¹⁰, as in policies of insurance; but the date in these instruments is not inserted in the body of the writing because as each subscription¹¹ makes a separate contract, each underwriter sets down the day, month and year he makes his subscription. Marsh¹². Ins. 336.

3. Deeds, and other writings, when the date is an impossible one, take effect from the time of deliver; the presumption¹³ of law is, that the deed was dated on the day it bears date, unless, as just mentioned, the time is impossible; for example, the 32d day of January.

4. The proper way of dating, is to put the day, month, and year of our Lord; the hour need not be mentioned, unless specially¹⁴ required; an instance of which may be taken from the Pennsylvania Act of the 16th June, 1836, sect¹⁵. 40, which requires the sheriff, on receiving a writ of fieri facias, or other writ of execution, to endorse¹⁶ thereon the day of the month, the year, and the hour of the day whereon he received the same.

5. In public documents, it is usual to give not only the day, the month, and the year of our Lord, but also the year of the United States, when issued by authority of the general government; or of the commonwealth¹⁷, when issued under its authority. Vide, generally, Bac. Ab. Obligations, C; Com. Dig, Fait, B 3; Cruise, Dig. tit, 32, c. 20, s. 1-6; 1 Burr. 60; 2 Rol. Ab. 27, 1. 22; 13 Vin. Ab. 34; Dane's Ab. lndex, h. t. See Almanac.

DATION, civil law, contracts. The act of giving something. It differs from donation, which is a gift; dation, on the contrary, is giving something without any liberality; as, the giving of an office.

2. Dation in payment, datio in solutionem, which was the giving one thing in payment of another which was due, corresponds nearly to the accord and satisfaction of the common law.