英文法律词典 D-84

DONATION INTER¹ Vivos, contracts. A contract which takes place by the mutual² consent, of the giver, who divests³ himself of the thing given in order to transmit the title of it to the donee gratuitously⁴, and the donee, who accepts the thing and acquires a legal title to it.

2. This donation takes place when the giver is not in any immediate⁵ apprehension⁶ of death, which distinguishes it from a donatio mortis causa. (q. v.) 1 Bouv. Inst. n. 712. And see Civ. Code of Lo. art. 1453 Justin. Inst. lib. 2, tit. 7, §2 Coop. Justin. notes 474-5 Johns. Dig. N. Y. Rep. tit. Gift.

DONEE. He to whom a gift is made, or a bequest⁷ given; one who is invested with a power to select an appointee, he is sometimes called an appointer. DONIS, STATUTE⁸ DE. The stat. West. 2, namely, 13 Edw. I. , c. 1, called the statute de donis conditionalibus. This statute revives, in some sort, the ancient feudal⁹ restraints, which were originally laid on alienations. 2 Bl. Com. 12.

DONOR¹⁰. He who makes a gift. (q. v.)

DOOM¹¹. This word formerly¹² signified a judgment¹³. T. L.

DORMANT¹⁴ PARTNER. One who is a participant in the profits of a firm, but his name being concealed¹⁵, his interest is not apparent. See Partners,

DOOR. The place of usual entrance in a house, or into a room in the house.

2. To authorize¹⁶ the breach¹⁷ of an outer door in order to serve process, the process must be of a criminal nature; and even then a demand of admittance must first have been refused. 5 Co. 93; 4 Leon. 41; T. Jones, 234; 1 N. H. Rep. 346; 10 John. 263; 1 Root, 83 , 134; 21 Pick. R. 156. The outer door may also be broken open for the purpose of executing a writ¹⁸ of habere facias. 5 Co. 93; Bac. Ab. Sheriff, N. 3.

3. An outer door cannot in general be broken for the purpose of serving civil process; 13 Mass. 520; but after the defendant¹⁹ has been arrested, and he takes refuge in his own house, the officer may justify²⁰ breaking an outer door to take him. Foster, 320; 1 Roll. R. 138; Cro. Jac. 555.; 10 Wend. 300; 6 Hill, N. Y. Rep. 597. When once an officer is in the house, he may break open an inner door to make an arrest. Kirby, 386 5 John. 352; 17 John. 127, See 1 Toull. n. 214, p. 88.

DOT. This French word is adopted in Louisiana. It signifies the fortune, portion, or dowry, which a woman brings to her hushand by the marriage. 6 N. S. 460. See Dote; Dowry.

DOTAL PROPERTY. By the civil law, and in Louisiana, by this term is understood that property, which the wife brings to the hushand to assist him in bearing the expenses of the marriage establishment. Civil Code of Lo. art. 2315. Vide Extradotal property.

DOTATION, French law. The act by which the founder²¹ of a hospital, or other charity, endows it with property to fulfil its destination.