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DISTINGUENDA

Distinguenda sunt tempora; aliud est facere, aliud perficere. Times must be distinguished; it is one thing to act and another to finish. See 2 Pick. (Mass.) 327. Distinguenda sunt tempora; distingue tempora, et concordabis leges. Times must be distinguished; distinguish times, and you will reconcile laws.

Distracted person. An insane per

son.

Distractio. A debtor's sale of hy

pothecated property.

Distrahere. To withdraw; to sell at auction.

Distrain. To take up or withhold another's chattels as security for compensation for injury. See 29 Hun (N. Y.), 137.

Distress. The act of distraining. Distress infinite. Distresses made one after another until satisfaction.

Distributee. One entitled under the statute of distribution to the personal estate of an intestate. See 31 N. C. 278.

Distribution. The division of the personal property of an intestate according to law (see 56 Iowa, 266, 9 N. W. 204); dividing or apportioning. See 12 Neb. 280, 11 N. W. 313.

Distributive finding of the issue. A finding of facts partly for the plaintiff and partly for the defendant.

District attorney. The attorney

who officially represents the people within the district. See 197 Pa. 542, 47 Atl. 748. District attorneys of the United

States. The attorneys appointed for each of the federal judicial districts.

DIVERSITY

District Courts. The United States trial courts held in each federal judicial district; courts of limited jurisdiction within a district. Districtio. A distress. Districtus. A district; a distress. Distringas. A writ of distress; a writ to enforce the attendance of jurors by distress of their goods or seizure of their persons; an equity proceeding to enforce a corporation's obedience to a summons; a form of execution. See 1 Rawle (Pa.), 44. Distringas juratores. force the attendance of jurors by distress of their goods or seizure of their persons.

A writ to en

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DIVERSO

Diverso intuitu. With a different purpose or motive. Diversorium. An inn.

Dives costs. Rich man's costs, ordinary costs as opposed to costs taxed to a defendant appearing in forma pauperis.

Divest. To deprive of a right or title.

Divestitive fact. A fact which divests a right.

Divestiture. The surrender of a right or title.

Divide et impera, cum radix et vertex imperii in obedientium consensu rata sunt. Divide and rule, for the root and pinnacle of empire are rated in the consent of the obedient. Divided court.

See

A court rendering a decision not unanimous. Dividend. A division into shares; one of such shares or portions; the portion of a corporation's profits set apart for ratable division among its shareholders. 8 R. I. 310, 5 Am. Rep. 575. Dividend warrant. An order representing a stockholder's dividend. Dividenda. An indenture. Divinare. To guess; to prophesy. Divinatio non interpretatio est, quae omnino recedit a litera. It is guesswork and not interpretation which wholly departs from the literal.

Divine law. The laws of God, natural and revealed. See 11 Ark. 519, 54 Am. Dec. 217. Divine right of kings.

The old the

ory that the king derived his power from God.

Divine service. Public worship. Divining-rod. A twig or rod held in the hand and supposed to locate water by being mysteriously pulled down at the farther end.

Divisa. A boundary.

DO

Divisibilis est semper divisibilis. A divisible thing is always divisible. Divisible. Susceptible of division or partition.

Divisim. Severally; separately.
Division.

The ascertainment of a legislative vote by separating the members.

Division of opinion. A disagreement between judges. Division wall. A party-wall. See 84 Md. 95, 33 L. R. A. 294; 35 Atl. 170.

Divisional court.

An English court composed of two or more judges of the high court of justice and sitting only in special cases. Divisum imperium. Jurisdiction of different tribunals.

Divorce. A judicial severance of matrimonal bonds.

Divorce a mensa et thoro. A judi-
cial separation of husband and
wife not an absolute divorce, but
usually with provision for the
wife's maintenance by the hus-
band. See 23 Ind. 370.
Divorce a vinculo matrimonii. Abso-
lute divorce. See 165 Mo. 231, $3
Am. St. Rep. 416, 55 L. R. A. 332,
65 S. W. 315.

Divorcée. A divorced woman.
Divortium. Divorce.

Divortium dicitur a divertendo, quia vir divertitur ab uxore. Divorce is said to be from divertendo, because a man is diverted from his wife.

Dixieme. One tenth.

Do. I give.

Do, dico, addico. I give, I say, I adjudge.

Do, lego. I give and bequeath. Do ut des. I give that you may give.

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Doctor's

commons. The buildings occupied by the proctors and doctors of the civil law in London. Doctrine of cy près. A principle of equity construction substituting the nearest feasible condition or purpose for an impossible one. Document. A written instrument available as evidence. See 12 R. I. 99.

Doe, John. See John Doe.

Doer. One who does an act; an actor; an agent; an attorney. Dogdraw. An arrest for killing deer made while the prisoner was on the scent with a dog.

Dogma. An order of the Roman senate.

Doitkin, or doit. A small coin. Dole. Malice; a division of ore among miners; a share.

Dolg bote. Compensation for wounding.

Doli capax. Having capacity for malice.

Doli incapax. Incapable of possessing malice.

Dolo. (Spanish) Malice; fraud. Dolosus versatur in generalibus. A deceiver deals in generalities.

DOMESTIC

Dolum ex indiciis perspicuis probari convenit. Fraud should be proved by clear proofs.

Dolus. Malice; fraud; deceit.
Dolus auctoris non nocet successori.

The fraud of the author does not
harm his successor.

Dolus auctoris non nocet successori, nisi in causa lucrativa. The fraud of the author does not harm his successor, unless a valuable consideration is wanting.

Fraud

Dolus circuitu non purgator. Fraud is not purged by circuity. Dolus dans locum contractui. and deceit upon the occasion of the contract.

Dolus est machinatio, cum aliud dissimulat aliud agit. Deceit is an artifice, because it pretends' one thing and does another. Dolus et fraus nemini patrocinentur; patrocinari debent. Deceit and fraud shall protect no one; they require protection.

Dolus latet in generalibus. Fraud
lies hidden in generalities.
Dolus malus. Actual fraud arising
from facts and circumstances of
imposition. See 3 Wend. (N. Y.)
626.

Dolus versatur in generalibus.
Fraud deals in generalities.
Dom. proc. Domus procerum, the

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DOMESTIC

Domestic attachment. An attachment levied on the property of a resident debtor.

See

Domestic bill of exchange. A bill drawn on a resident drawee. Domestic corporation. One formed under the laws of the state. 13 Daly (N. Y.), 509. Domestic purposes. Household uses. See Ann. Cas. 1912B, 621, note. Domesticus. A steward. Domicil. The place where one lives and has his home. See 48 Am. St. Rep. 711, note.

Domicil by operation of law. The domicil which the law attaches to one by reason of status; e. g., that of a wife. See 115 Ky. 512, 74 S. W. 229.

Domicil of choice. That of one's own selection.

Domicil of nativity. One's birthplace.

Domicil of origin. One's birthplace. Domicile. Same as Domicil. Domiciliate. To establish in a domicile.

Domigerium. Dominion over another person.

Domina. A woman who held a barony in her own right. Dominant. Controlling; principal; ruling.

Dominant tenement. The one which benefits by a servitude attached to it. See 128 Ala. 67, 86 Am. St. Rep. 74, 29 South. 588.

Dominical. Pertaining to the Sabbath.

Dominicide. The killing of one's

master.

Dominicum. A demesne; a church. Dominicum antiquum. An ancient demesne.

Dominium. Dominion; control; ownership.

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Dominium plenum. Complete ownership.

Dominium utile. Equitable or beneficial ownership.

Domino volente. With the owner's consent.

Dominus. Principal; lord; master. Dominus litis. One controlling a litigation.

Dominus navis. A shipmaster. Dominus non maritabit pupillum nisi semel. A lord cannot give his ward in marriage but once. Dominus rex nullum habere potest parem, multo minus superiorem. The king cannot have an equal, much less a superior.

Domitae. Domesticated.

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DONA

Dona. Gifts.

Dona clandestina sunt semper suspiciosa. Secret gifts are always open to suspicion.

Donare. To give.

Donari videtur quod nulli jure cogente conceditur. That is considered as given which is transferred under no legal compulsion. Donatarius. A donee. Donatio. A gift.

Donatio causa mortis. A gift by one dying, who actually dies. See 122 Pa. St. 177, 9 Am. St. Rep. 83, 1 L. R. A. 535, 15 Atl. 470. Donatio inter vivos. A gift between persons living.

Donatio non praesumitur. A gift is not presumed.

Donatio perficitur possessione accipientis. A gift is perfected by the receipt of possession. See Leigh (Va.), 837.

2

Donatio propter nuptias. A gift in consideration of marriage.

Donatio velata. A veiled or hidden gift. Donation.

A gift; a gratuity. See 65 Ga. 499, 38 Am. Rep. 793. Donation lands. Lands reserved in Pennsylvania for its citizens who fought in the Revolution. Donationum alia perfecta, alia incepta, et non perfecta; ut si donatio lecta fuit et concessa, ac traditio nondum fuerit subsecuta. Some gifts are complete, others either incipient or not complete, as if a gift were read and agreed upon but delivery had not yet followed.

Donative advowson. See Advowson donative.

Donator. A donor.

Donator nunquam desinit possidere

antequam donatarius incipiat pos

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