英文法律词典 D-92

DROIT D'AUBAINE, jus albinatus. This was a rule by which all the property of a deceased foreigner, whether movable or immovable, was confiscated¹ to the use of the state, to the exclusion² of his heirs, whether claiming ab intestato, or under a will of the deceased. The word aubain signifies hospes loci, peregrinus advena, a stranger. It is derived⁴, according to some, from alibi⁵, elsewhere, natus, born, from which the word albinus is said to be formed. Others, as Cujas, derive³ the word directly from advena, by which word, aubains, or strangers, are designated in the capitularies of Charlemagne. See Du Cange and Dictionaire de Trevoux.

2. As the darkness of the middle ages wore away, and the light of civilization appeared, thing barbarous and inhospitable usage was by degrees discontinued, and is now nearly abolished in the civilized⁶ world. It subsisted⁷ in France, however, in full force until 1791, and afterwards, in a modified form, until 1819, when it was formally abolished by law. For the gross abuses of this feudal⁸ exaction⁹, see Dictionaire de l'Ancien Regime et des abus feodaux. Aubain. See Albinatus jus.

DROIT-CLOSE. The name of an ancient writ¹⁰ directed to the lord of ancient demesne¹¹, and which lies for those tenants¹² in ancient demesne who hold their lands and tenements¹³ by charter in fee simple, in fee tail, for life, or in dower. F. N. B. 23.

DROITURAL. What belongs of right; relating to right; as, real actions are either droitural or possessory; droitural, when the plaintiff seeks to recover the property. Finch's Law, 257.

DRUNKENNESS. Intoxication¹⁴ with strong liquor.

2. This is an offence generally punished by local regulations, more or less severely¹⁵.

3. Although drunkenness reduces a man to a temporary insanity¹⁶, it does not excuse him or palliate his offence, when he commits a crime during a fit of intoxication, and which is the immediate¹⁷ result of it. When the act is a remote consequence, superinduced by the antecedent drunkenness of the party, as in cases of delirium¹⁸ tremens or mania¹⁹ a potu, the insanity excuses the act. 5 Mison's R. 28; Amer. Jurist, vol. 3, p. 5-20; Martin and Yeager's. R. 133, 147;. Dane's Ab. Index, h. t.; 1 Russ. on Cr. 7; Ayliffe's Parerg. 231 4 Bl. Com. 26.

4. As there must be a will and intention in order to make a contract, it follows, that a man who is in such a state of intoxication as not to know what he is doing, may avoid a contract entered into by him while in this state. 2 Aik. Rep. 167; 1 Green, R. 233; 2 Verm. 97; 1 Bibb, 168; 3 Hayw. R. 82; 1 Hill, R. 313; 1 South. R. 361; Bull. N. P. 172; 1 Ves. 19; 18 Ves. 15; 3 P. Wms. 130, n. a; Sugd. Vend²⁰. 154; 1 Stark²¹. 126; 1 South. R. 361; 2 Hayw. 394; but see 1 Bibb, R. 406; Ray's Med. Jur. ch. 23, 24; Fonbl. Eq. B. 2, 3; 22 Am. Jur. 290; 1 Fodere, Med. Leg. §215. Vide Ebriosity; Habitua. drunkard.