英文法律词典 D-26

DEDICATION¹. Solemn appropriation². It may be expressed or implied.

2. An express dedication of property to public use is made by a direct appropriation of it to such use, and it will be enforced. 2 Peters, R. 566; 6 Hill, N. Y. Rep. 407.

3. But a dedication of property to public or pious³ uses may be implied from the acts of the owner. A permission to the public for the space of eight or even six years, to use a street without bar or impediment, is evidence from which a dedication to the public may be inferred. 2 Bouv. Inst. n. 1631; 11 East, R. 376; 12 Wheat. R. 585; 10 Pet. 662; 2 Watts⁴, 23; 1 Whart. 469; 3 Verm, 279; 6 Verm. 365; 7 Ham. part 2, 135; 12 Wend. 172; 11 Ala. R. 63, 81; 1 Spencer, 86; 8 Miss. R. 448 5 Watts & S. 141; Wright, 150; 6 Hill, 407 24 Pick. 71; 6 Pet. 431, 498 9 Port.,527; 3 Bing. 447; sed vide 5 Taunt⁵. R . 125. Vide Street, and the following authorities: 3 Kent, Com. 450; 5 Taunt. 125 5 Barn. & Ald. 454: 4 Barn. & Ald. 447; Math. Pres. 833. As to what shall amount to a dedication of an invention to public use, see 1 Gallis. 482; 1 Paine's C. C. R. 345; 2. Pet. R. 1; 7 Pet. R. 292; 4 Mason, R. 1018. See Destination.

DEDIMUS, practice. The name of a writ⁶ to commission private. persons to do some act in the place of a judge; as, to administer an oath of office to a justice of the peace, to examine witnesses, and the like. 4 Com. Dig. 319; 3 Com. Dig. 359; Dane's Ab. Index, h. t. Rey, in his Institutions Judiciaires, de l'Angleterre, tom. 2, p. 214, exposes the absurdity⁷ of the name given to this writ; he says it is applicable to every writ which emanates⁸ from the same authority; dedimus, we have given.

DEDIMUS POTESTATEM DE ATTORNO FACIENCDO. The name of a writ which was formerly⁹ issued by authority of the crown in England to authorize¹⁰ an attorney to appear for a defendant¹¹.

2. By statute¹² of Westminster 2, 13 Edw. I. c. 10, all persons impleaded may make an attorney to sue for them in all pleas moved by or against them, in the superior courts there enumerated¹³. 3 Mann. & Gran. 184, note.

DEED, conveyancing, contracts. A writing or instrument, under seal, containing some contract or agreement, and which has been delivered by the parties. Co. Litt. 171; 2 Bl. Com. 295; Shep. Touch. 50. This applies to all instruments in writing, under seal, whether they relate to the conveyance¹⁴ of lands, or to any other matter; a bond, a single bill, an agreement in writing, or any other contract whatever, when reduced to writing, which writing is sealed and delivered, is as much a deed as any conveyance of land. 2 Serg. & Rawle, 504; 1 Mood. Cr, Cas. 57; 5 Dana, 365; 1 How. Miss. R. 154; 1 McMullan, 373. Signing is not necessary at common law to make a deed. 2 Ev. Poth. 165; 11 Co. Rep. 278 6 S. & R. 311.

2. Deed, in its more confined sense, signifies a writing, by which lands, tenements¹⁵, and hereditaments are conveyed, which writing is sealed and delivered by the parties.

3. The formal parts of a deed for the conveyance of land are, 1st. The premises¹⁶, which contains all that precedes the habendum, namely, the date, the names and descriptions of the parties, the recitals¹⁷, the consideration, the receipt of the same, the grant, the full description of the thing granted, and the exceptions, if any.

4. - 2d. The habendum, which states that estate or interest is granted by the deed this is sometimes, done in the premises.

5. - 3d. The tenendum. This was formerly used to express the tenure¹⁸ by which the estate granted was to be held; but now that all freehold tenures have been converted into socage, the tenendum is of no use and it is therefore joined to the habendum, under the formula to have and to hold.

6th. The redendum is that part of the deed by which the grantor reserves something to himself, out of the thing granted, as a rent, under the following formula, Yielding and paying.

7. - 5th. The conditions upon which the grant is made. Vide Conditions.

8. - 6th. The warranty¹⁹, is that part by which the grantor warrants the title to the grantee. This is general when the warrant is against all persons, or special, when it is only against the grantor, his heirs, and those claiming under him. See Warranty.

9. - 7th. The covenants²¹, if any; these are inserted to oblige the parties or one of them, to do something beneficial to, or to abstain²² from something, which, if done, might be prejudicial to the other.

10. - 8th. The conclusion, which mentions the execution and the date, either expressly, or by reference to the beginning.

11. The circumstances necessarily attendant upon a valid²³ deed, are the following: 1. It must be written or printed on parchment or paper. Litt. 229, a; 2 Bl. Com. 297. 2. There must be sufficient parties. 3. A proper subject-matter which is the object of the grant. 4. A. sufficient consideration. 5. An agreement properly set forth²⁴. 6. It must be read, if desired. 7. It must be signed and sealed. 8. It must be delivered. 9. And attested²⁵ by witnesses. 10. It should be properly acknowledged before a competent officer.

11. It ought to be recorded.

12. A deed may be avoided, 1. By alterations²⁷ made in it subsequent to its execution, when made by the party himself, whether they be material or immaterial, and by any material alteration²⁶, made even by a stranger. Vide Erasure²⁸; Interlineation.

2. By the disagreement of those parties whose concurrence²⁹ is necessary; for instance, in the case of a married woman by the disagreement of her hushand. 3. By the judgment³⁰ of a competent tribunal.

13. According to Sir William Blackstone, 2 Com. 313, deeds may be considered as (1), conveyanees at common law, original and derivative³¹. 1st. The original are, 1. Feoffment. 2. Gift. 3. Grant. 4. Lease. 5. Exchange; and 6. Partition. 2d. Derivative, which are 7. Release. 8. Confirmation³². 9. Surrender. 10. Assignment 11. Defeasance. (2). Conveyances³³ which derive³⁴ their force by virtue³⁵ of the statute of uses; namely, 12. Covenant²⁰ to stand seised to uses. 13. Bargain and sale of lands. 14. Lease and release. 15. Deed to lead and declare uses. 16. Deed of revocation³⁶ of uses.

14. The deed of, bargain and sale, is the most usual in the United States. Vide Bargain and Sale. Chancellor³⁷ Kent is of opinion that a deed would be perfectly³⁸ competent in any part of the United States, to convey the fee, if it was to the following effect: "I, A, B, in consideration of one dollar to me paid, by C D, do bargain and sell , (or in some of the states, grant) to C D, and his heirs, (in New York, Virginia, and some other states, the words, and his heirs may be omitted,) the lot of land, (describing it,) witness my hand and seal," &c. 4 Kent, Com. 452. Vide, generally, Bouv. Inst. Index, h. t.; Vin. Abr. Fait; Com. Dig. Fait; Shep. Touch. ch. 4; Dane's Ab. Index, h. t.; 4 Cruise's Dig. passim.

15. Title deeds are considered as part of the inheritance and pass to the heir as real estate. A tenant³⁹ in tail is, therefore, entitled to them; and chancery will, enable him to get possession of them. 1 Bro. R. 206; 1 Ves. jr. 227;11 Ves. 277; 15 Ves. 173. See Hill. Ab. c. 25; 1 Bibb, R. 333: 3 Mass. 487; 5 Mass. 472.

16. The cancellation⁴⁰, surrender, or destruction of a deed of conveyance, will not divest⁴¹ the estate which has passed by force of it. 1 Johns. Ch. Rep. 417 2 Johns. Rep. 87. As to the effect of a redelivery of a deed, see 2 Bl. Com. 308 2 H. Bl. 263, 264.