has been made for the witness and he cannot be found; where he resides in a place beyond the jurisdiction of the court; or where he has become lunatic or attainted. See DE BENE ESSE; PERPETUATE TESTIMONY, BILLS TO. As to depositions in criminal proceedings, see 7 Geo. IV. c. 65; 11 & 12 Vict. c. 42.

DEPOSITOR, one who make a deposit. DEPRIVATION, taking away from a clergyman his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper court for fit and sufficient causes; such as attainder for treason or felony, or conviction of other infamous crime; for heresy, infidelity, gross immorality, and the like; or for farming or trading contrary to law, after two former convictions for the same offence; or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malfeasance or crime, as for simony; for maintaining any doctrines in derogation of the sovereign's supremacy, or of the thirty-nine articles, or of the book of common prayer; for neglecting to read the liturgy and articles in the church, and declare assent to the same within two months after induction; or for using any other form of prayer than the liturgy of the Church of England, or for continued neglect, after order of the bishop followed by sequestration, to reside on the benefice, in all which and similar cases the benefice is ipso facto void, without any formal sentence of deprivation.-3 Step. Com. 38.

DE PREROGATIVA REGIS, the statute 17 Edward II. st. 1, which enacts, in affirmance of the common law, that the king shall have ward of the lands of natural fools, taking the profits, without waste or destruction, and shall find them necessaries; and after the death of such idiots, he shall render the estate to the heirs, in order to prevent such idiots from aliening their lands, and their heirs from being disinherited.

DEPUTY (fr. député, Fr., from deputatus, Lat.), one who governs and acts instead of another, or who exercises an office, &c., in another man's right. A deputy cannot be appointed in all cases, except the grant of the office justifies it, and where it is to one to execute by deputy, &c. By 3 & 4 Wm. IV. c. 42, every sheriff is directed to appoint a sufficient deputy, having an office within a mile of the Inner Temple Hall, for the receipt of writs, granting warrants thereon, making returns thereto, and accepting all rules and orders made as to the execution of any process or writ directed to the sheriff. As to the appointment of deputy recorder, see 6 & 7 Vict. c. 89, s. 7. As to the deputy speaker of the Commons, see 18 & 19 Vict. c. 84.

A deputy differs from an assignee, in that an assignee has an interest in the office itself, and does all things in his own name, for whom his grantor shall not answer, except in special cases; but a deputy has not any interest in the office, and is only the shadow of the officer in whose name he acts. A deputy cannot make a deputy. -9 Rep. 49.

There is a distinction in doing an act by an agent and by a deputy, whom the law deems such. An agent can only bind his principal

when he does the act in the name of the principal. But a deputy may do the act and sign his own name; and it binds his principal, for a deputy has, in law, the whole power of his principal.

DEPUTY SPEAKER OF THE HOUSE OF COMMONS, see 18 & 19 Vict. c. 84; and chairman of committees of the whole house.

DEPUTY STEWARD, a steward of a manor may depute, or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief steward in person. So an under-steward or deputy may authorize another as sub-deputy, pro hac vice, to hold a court for him, such limited authority not being inconsistent with the rule delegatus non potest delegare.

This deputy or under-steward may be appointed either in writing or by parol, although the appointment of the chief steward should not contain an express authority for that purpose. DE QUIBUS SUR DISSEISIN, a writ of entry now abolished.

DER (fr. dar, Brit.), water.

DERAIGN, or DEREYN (fr. deraigner, or deragner, Fr.), to confound, to displace, also to prove.-Glanv. 1. 2, c. 3.

DE RATIONABILI BONORUM PARTE, a writ, anciently given to the wife and children of a man, to recover their reasonable parts of his goods, which he could not bequeath away from them; a custom now utterly abolished, for a man has full power of disposition over his goods and chattels.

DERELICT LANDS, those suddenly left by the sea, as when the sea shrinks back below the usual water-mark. Vessels forsaken at sea are called derelict ships.

Derivativa potestas non potest esse major primitiva. Noy; Wing. 66. (The derivative power cannot be greater than the primitive.)

DERIVATIVE CONVEYANCES, secondary deeds, which presuppose some other conveyance primary or precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. See DEED.

DEROGATION, the act of weakening or restraining a former law or contraet.

DEROGATORY-CLAUSE in a person's will, a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter should be valid, unless this clause be inserted word for word. This is done as a precaution to guard against later wills being extorted by violence, or otherwise improperly obtained.

[Derogatur legé, cum pars detrahitur; abrogatur legé, cum prorsus tollitur. To dérogate from a law is to enact something contrary to it; to abrogate a law is to abolish it entirely.]

DESCENDER, writ of formedon in, an abolished process.-F. N. B. 21.

DESCENT, one of the two chief methods of acquiring an estate in lands. It is the hereditary succession of property vested in a person by the operation of law, i. e. by his right of representation as heir-at-law of his ancestor. It is defined, in the interpretation clause of the 3 & 4 Wm.

IV. c. 106, as "the title to inherit lands by reason of consanguinity, as well where the heir

shall be an ancestor or collateral relation as where he shall be a child or other issue." See CANONS OF INHERITANCE.

DESCENT CAST, the devolving of realty upon the heir on the death of his ancestor intestate. It does not take away or defeat a right of entry or action after 31st December, 1833.-3 & 4 Wm. IV. c. 27.

DESERTION, the criminal offence of abandoning the public service without license. [See Brightly's U. S. Digest.] See the Annual Mutiny or Marine Mutiny Acts; also, an abandonment of a wife or children. By 20 & 21 Vict. c. 85, s. 16; a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without any cause, for two years and upwards, and see s. 21, and 21 & 22 Viet. c. 108, s. 8.

Designatio justiciariorum est à rege; juris dictio vero ordinaria à lege. 4 Inst. 74. (The appointment of justices is by the king, but their ordinary jurisdiction by the law.)

DESIGNATIO PERSON E, the description

of a person or a party to a deed or contract.

Designatio unius est exclusio alterius, et expressum facit cessare tacitum. Co. Litt. 210. (The appointment of one is the exclusion of another, and that expressed makes that understood to cease.)

DESIGNS, copyright in. These productions of genius, whether ornamental or useful, are protected by statute. See COPYRIGHT.

De similibus ad similia eâdem ratione procedendum est. (From similars to similars we are to proceed by the same rule.)

the rightful executor may be prevented from satisfying his own debt.-I Wms. Ex. 225–240. DESPACHEURS, persons appointed to settle cases of average.

DESPERATE DEBT, a hopeless debt; an irrecoverable obligation.

DESPITUS, a contemptible person. DESPONSATION, the act of betrothing persons to each other.

DESPOT (fr. deonóτrs, Gk., a governor, a ruler), an absolute prince; one who governs with unlimited authority. The word in its origin signified the same with the Latin herus, and the English master. It was the Emperor Alexius, surnamed the Angel, that created the dignity of despot, and made it the first after that of emperor, above that of Augustus, Sebastocrator, or Cæsar. The despots were usually the emperor's sons or sons-in-law, and their colleagues or copartners in the empire, as well as their presumptive heirs. Under the successors of Constantine

the Great the title of Despot of Sparta was given to the emperor's son or brother, who had the city of Sparta, or Lacedæmon, by way of appenage. Despot is at present a title of quality given to the princes of Wallachia, Servia, and some of the neighboring countries.-Encyc. Lond.

DESPOTISM, absolute power.

DESTITUTE WAYFARERS, as to relief of, see 11 & 12 Vict. c. 110, ss. 1, 10; and 12 & 13 Vict. c. 103, s. 2.

DESRENABLE, (Fr.), unreasonable. DESUBITO, to weary a person with continual barkings, and then to bite, provided against by old laws.-Leg. Alured, 26.

DESUETUDE, that which is obsolete. DETACHIARE, to seize or take into custody another person's goods, &c., by attachment or other process of law.-Cowel.

lawful, my subsequent detainment of them after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful.-3 Step. Com. 513.

De similibus idem est judicium. 7 Co. 18. (Concerning similars the judgment is the same.) DE SON TORT (of his own wrong) executor. DETAINER, forcible. See FORCIBLE ENTRY. If a stranger take upon himself to act as execu- DETAINER, unlawful, depriving another tor, without any just authority (as by intermed-person of possession of his goods, although the dling with the goods of the deceased, and many original taking was lawful. As if I distrain other transactions), he is called in law an execu- another's cattle, damage feasant, and before tor of his own wrong, de son tort, and is liable they are impounded he tenders me sufficient to all the trouble of an executorship, without amends; now, though the original taking was any of the profits or advantages; but merely doing acts of necessity or humanity, as locking up the goods or burying the corpse of the deceased, will not amount to such an intermeddling as will charge a man as executor of his own wrong. Such a one cannot bring an action himself in right of the deceased; but actions may be brought against him. And in all actions by creditors against such an officious intruder he shall be named as executor generally; for the most obvious conclusion which strangers can form of his conduct is, that he has a will of the deceased wherein he is named executor, but has not yet taken probate thereof. He is chargeable with the debts of the deceased so far as assets come to his hands; and, as against creditors in general, shall be allowed all payments made to any other creditor in the same or a superior degree, himself only excepted. And though as against the rightful executor or administrator he cannot plead such payment, yet it shall be allowed him in mitigation of damages; unless, perhaps, upon a deficiency of assets, whereby

DETAINER, writ of, one of the five forms of progress prescribed by the 2 Wm. IV. c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.

A process lodged with the sheriff against a person in his custody is called a detainer; the officer, therefore, always searches the sheriff's office to see if there be any detainers lodged there against a person in his custody, before he discharges him.

DETERMINABLE FREEHOLDS, estates for life, which may determine upon future contingencies before the life for which they are created expires. As if an estate be granted to a woman during her widowhood, or to a man

DÎES NON JURIDICUS, not a court-day. | law are hateful.) DIET (fr. dies, Lat., an appointed day, SkinDILIGENCE, care, of which there are infinite ner; or diet, an old German word, meaning a shades, from the slightest momentary thought to multitude, Junius), an assembly of princes or the most vigilant anxiety; but the law recogestates, principally applied to the general meet- nizes only three degrees of diligence: (1. Comings of the states of Germany. The statute of mon or ordinary, which men, in general, exert in Nottingham, 10 Edw. III. s. 3, relating to ex-respect of their own concerns: the standard is

necessarily variable with respect to the facts, although it may be uniform with respect to the principle. (2.) High or great, which is extraordinary diligence, or that which very prudent persons take of their own concerns. (3.) Low or slight, which is that which persons, of less than common prudence, or indeed of any prudence at all, take of their own concerns.

The civil law is in perfect conformity with the common law. It lays down three degrees of diligence, ordinary (diligentia), extraordinary (exactissima diligentia), slight (levissima diligentia).-Story on Bailments.

DILIGIATUS (fr. de lege ejectus, Lat.), out

lawed.

DIMINUTION, the act of making less, opposed to augmentation. In proceedings for reversal of judgment, if the whole record be not certified, or not truly certified by the inferior court, the party injured thereby, in both civil and criminal cases, may allege a diminution of the record, and cause it to be rectified.

DIMISSORY LETTERS, where a candidate for holy orders has a title in one diocese and is to be ordained in another, the proper diocesan sends his letters dimissory directed to some other ordaining bishop, giving leave that the bearer may be ordained, and have such a cure within his district.-Cowel.

DINARCHY (fr. dis, Gk., and apzy, dominion), a government of two persons.

DIOCESAN, a bishop, as he stands related to his own clergy or flock.

DIOCESAN COURTS, the consistorial courts of each diocese, exercising general jurisdiction of all matters arising locally within their respective limits, with the exception of places subject to peculiar jurisdiction: deciding all matters of spiritual discipline-suspending or depriving clergymen and administering the other branches of the ecclesiastical law.-3 Step. Com. 14.

DILATORY PLEAS, a class of defence at common law, founded on some matter of fact not connected with the merits of the case, but such as may exist without impeaching the right of action itself, and are either pleas to the jurisdiction, showing that by reason of some matter therein stated the case is not within the jurisdiction of the court; or pleas in suspension, showing some matter of temporary incapacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. These pleas must be verified by affidavit or otherwise, and pleaded within four DIOCESE, or DIOCESS (fr. diocese, Fr., days from delivery of declaration.-4 Anne, c. 16. diocesi, Ital. and Span., dioixos, fr. diixéw, to They are in general not allowable after a plea in govern, Gk., diocesis, Lat.), the circuit of every bar. All dilatory pleas, including those in sus- bishop's jurisdiction; it is divided into archpension, as well as pleas to the jurisdiction, are deaconries, each archdeaconry into rural deanesometimes inaccurately classed as pleas in abate-ries, and rural deaneries into parishes.—Co. Litt. ment.-Step. Plead. 50.

All declinatory and dilatory pleas in equity are properly pleas, if not in abatement, at least in the nature of pleas in abatement; and, therefore, in general, the objections founded thereon must be taken, ante litem contestatum, by plea, and are not available by way of answer, or at the hearing. And it has been said that pleas of these kinds may be successively pleaded, one after another, in their proper order; that is to say, first, declinatory pleas; secondly, dilatory pleas; and thirdly, pleas in bar. For it has been said, that though no man shall be permitted to plead two dilatories at separate times, nor several bars, because he may plead them all at once, yet, after a plea to the jurisdiction, he may be admitted to plead in bar, because it is consistent with those pleas to plead in bar at the same time.-Story's Eq. Plead. 549.

In criminal cases, a plea in abatement, or dilatory plea, is founded on some matter of fact extraneous to the indictment, tending to show that it is defective in point of form; and has principally occurred in the case of a misnomer, 2. e. a wrong name or a false addition to the defendant. But see the powers of amendment given to the judges by 14 & 15 Vict. c. 100, ss. 1, 2, 25.

DILLIGROUT, pottage formerly made for the king's table on the coronation day and there was a tenure in sergeanty, by which lands were held of the king by the service of finding this pottage at that solemnity.-39 Henry III. DIMETE, the ancient Latin name of the people who inhabited Carmarthenshire, Pembrokeshire, and Cardiganshire.

DIMIDIETAS, the moiety or half of a thing.

94.

DIOICHIA, the district over which the bishop exercised his spiritual functions.

DIPLOMA (fr. dɩrnów, Gk., to fold double, consisting of two leaves), a royal charter or prince's letters-patent. An instrument given by colleges and societies, on commencement of any degrees. A license for a clergyman to exercise the ministerial function, or a physician, &c., to practise his art.

DIPLOMACY, a knowledge of the interests of different states, and the policy of foreign courts, &c., by means of ambassadors, envoys, consuls, &c. As to diplomatic relations with Rome, see 11 & 12 Vict. c. 108. Persons holding diplomatic pensions under 2 & 3 Wm. 1V. c. 116, may be elected members of the House of Commons.-22 & 23 Vict. 5.

DIPLOMATICS (should not be confounded with diplomacy), the art of judging of ancient charters, public documents or diplomas, &c., and discriminating the true from the false.

It will not be out of place to subjoin here some rules that may serve as guides in the proper selection of historical documents. (1.) The authority of any chartulary or public act is preferable to that of a private writer, even though he were cotemporary. These public registrars it is always necessary to consult, if possible, before having recourse to the authority of private letters; and a history that is not supported by such public vouchers must in consequence be very imperfect. (2.) When public acts are found to accord with the testimony of contem. porary authors, there results a complete and decisive proof, the most satisfactory that can be desired, for establishing the truth of historical