英文法律词典 D-79

DOCKET, practice. A formal record of judicial¹ proceedings³.

2. The docket should contain the names of the parties, and a minute of every proceeding² in the case. It is kept by the clerk or prothonotary of the court. A sheriff's docket is not a record. 9 Serg. & R. 91. Docket is also said to be a brief writing, on a small piece of paper or parchment, containing the substance of a larger writing.

DOCTORS COMMONS. A building in London used for a college of civilians⁴. Here the judge of the court of arches, the judge of the admiralty, and the judge of the court of Canterbury, with other eminent⁵ civilians, reside. Commons signifies, in old English, pittance⁶ or allowance; because it is meant in common among societies, as Universities, Inns of Courts, Doctors Commons, &c. The Latin word is, demensum a demetiendo; dividing every one his part Minsheu. It is called Doctors Commons, because the persons residing there live in a collegiate commoning together.

DOCUMENTS, evidence. The deeds, agreements, title papers, letters, receipts, and other written instruments used to prove a fact. Among the civilians, by documents is also understood evidence delivered in the forms established by law, of whatever nature such evidence may be, but applied⁷ principally to the testimony⁸ of witnesses. Savig. Dr. Rom. §165.

2. Public documents are all such records, papers and acts, as are filed in the public offices of the United States or of the several states; as, for example, public statutes⁹, public proclamations, resolutions of the legislature, the journals of either branch of the legislature, diplomatic correspondence communicated by the president to congress, and the like. These are in general evidence of the facts they contain or recite. 1 Greenl. §491.

DOG. A well known domestic animal. In almost all languages this word is, a term or name of contumely or reproach. See 3 Bulst. 226; 2 Mod. 260; 1 Leo. 148; and the title action on the case for defamation¹⁰ in the Digests; Minsheu's Dictionary.

2. A dog is said at common law to have no intrinsic value, and he cannot therefore be the subject of larceny¹¹. 4 Bl. Com. 236; 8 Serg. & Rawle, 571. But the owner has such property in him, that he may maintain trespass¹² for an injury to his dog; "for a man may have property in some things which are of so base nature that no felony can be committed of them, as of a bloodhound or mastiff." 12 H. VIII. 3; 18 H. VIII. 2; 7 Co. 18 a; Com. Dig. Biens, F; 2 Bl. Com. 397; Bac. Ab. Trover, D; F. N. B. 86; Bro. Trespass, pl. 407 Hob. 283; Cro. Eliz. 125; Cro. Jac. 463 2 Bl. Rep.

3. Dogs, if dangerous animals, may lawfully¹⁴ be killed, when their ferocity is known to their owner, or in self-defence 13 John. R. 312; 10 John. R. 365; and when bitten by a rabid animal, a dog may be lawfully killed by any one. 13 John. R. 312.

4. When a dog, in consequence of his vicious habits, becomes a common nuisance, the owner may be indicted¹⁵. And when he commits an injury, if the owner had a knowledge of his mischievous¹⁶ propensity¹⁷, he is liable to an action on the case. Bull. N. P. 77; 2 Str. 1264; Lord Raym. 110. 1 B. & A. 620; 4 Camp. R. 198; 2 Esp. R. 482; 4 Cowen, 351; 6 S. & R. 36; Addis. R. 215; 1 Scam. 492 23 Wend 354; 17 Wend. 496; 4 Dev. & Batt. 146.

5. A man has a right to keep a dog to guard his premises¹⁸, but not to put him at the entrance of his house, because a person coming there on lawful¹³ business may be injured by him, and this, though there may be another entrance to the house. 4 C. & P. 297; 6 C. & P. 1. But if a dog be chained, and a visitor so incautiously go near him that he is bitten, he has no right of action against the owner. 3 Chit. Bl. 154, n. 7. Vide Animal; Knowledge; Scienter.