英文法律词典 D-33

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.