Page:Black's Law Dictionary (Second Edition).djvu/325

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As the manner of use enters into the consideration as well as other circumstances, the question is for the jury. U. S. v. Reeves, (C. C.) 38 Fed. 404; State v Hammond, 14 S. D. 545, 86 N. W. 627: State v. Lynch, 88 Me 19.‘), 33 At]. 978; State v. Scott, 39 La. Ann. 943, 3 South. 83.

DANISM. The act of lending money on usury.

DANO. In Spanish law. Damage; the deterioration, injury, or destruction which a man suffers with respect to his person or his property by the fault (oulpu) of another. White, New Recap. b. 2. tit 19, c 3. 5 1.

Dunn et retinens, nihil data. One who gives and yet retains does not gi\e et‘1‘ectI1ai- ly. Tray. Iat. Max. 129. Or, one who ghcs, yet retains, [possesslon,] gives nothing.

DAPIZFER. A steward either of a. king or lord. Spelman.

DARE. Int In the civil law. To transfer property. When this transfer is made in order to discharge a deht, it is done sol- rcmli animo; when in order to receive an equivalent, to create an obligation, it is da- lro contralmndi animo; lastly, when made dmuzndi animo, from mere liberality, it is a gift. dono dauo.

DARE AD EEMANENTIAM. To give away in fee, or forever.

DARRAIGN. 'IVo clear a legal account; to answer an accusation; to settle a contro- versy.

DARREIN. L. Fr. Last.

—Darrein continuance. The last continuance.—Darrein presentment. In old English law. The last presentment. See Assise of Darrein Presentment.—Darrein seisin. Last seisin. A plea which iav in some cases for the tenant in a writ of right. See 1 Rosc. Real Act. 206.

DATA. In old practice and conveyancing. The date of a deed; the time when it was gircn; that is, executed.

Grounds whereon to proceed; facts from which to draw a conclusion.

DATE. The specification or mention, in a written instrument, of the time (day and year) when it was made. Also the so specified.

That part of a deed or writing which expresses the day of the month and year ‘In which it was made or given. 2 Bl. Comm. 304; 'Don1lins.

The primary signification of date is not time in the abstract, nor time taken absolutely, but time given or specified: time in some way ascertained and fixed. When we speak of the date of a deed, we do not mean the time when it was actually executed, but the time of its execuLion_ as given or stated in the deed itself. The date of an item, or of a charge in a hook- account, is not necemarily the time when thearticle charged was, in fact, furnished, but rather the time given or set down in the account. in connection with such charge. And so theexpression “the date of the last work done. or materials fn1'nisiJcd," in a mechanic's hen law, may be taken. in the absence of anything in the act Indicating a different intention, to mean the time when such work was done or matervais furnished, as specified in the plaiutiii"s written claim. Bemcnt v. Manufacturing Co., 32 l\‘. J. Law. 513.

DATE CERTAINE. In French law. A deed is said to have a date ccrtaivm (fixed date) when it has been sulzjectczl to the furmality of registration; after this formality has been complied with, the parties tn the deed cannot by mutual consent change the date thereof. Arg. Fr. Mere. law, 555.

DATIO. In the civil law. A giving, or act of giving. Datio in solutum; a giving in payment; a species of accord and satisfaction. Called, in modern law. “dutIon."

DATION. In the civil law. A gift: a giving of something. It is not exactly syn- onymous with “donation," for the intter implies generosity or liherality in making a gift, while dation may mean the giving of something to which the recipient is already F entitied —Da.tion on psdement. In French law. A giving by the debtor and receipt by the creditor of something in pcwment of s rlellt, instead of a sum of money. It is somewhat like the accord and satisfaction of the common law. 16 Toul- G lier. no. 45; Path. Vente, no. 601.

DATIVE. A word derived from the R0- man law, signifying "appointed by public authority." Thus, in Scotland, an executordatlve is an executor appointed by a court H of justice, corresponding to an English ad- ministrator. Mozley & Whitley.

In old English law. In nne's gift: that may be given and disposed of at will and pleasure. I

DATUM. A first principle; 1 thing given; a date.

DATUR DIGNIORI. It IS given CO the more worthy. 2 Vent. 268. J

DAUGHTER. An immediate teruale descendant. People v. Kaiser, 119 Cal. 456. 51 Pac. 702. May include the issue of a daughter. Buchanan v. Lloyd, 88 Md. 462.

4.1 Atl. 1075; Jamison v. Hay, 46 Mo. 546. K May designate a natural or illegitimate female child. State v. Iaurence. 95 N. C. 659.

DAUGHTER-IN-LAW. The wife of one's son. L

DAUPHIN. In French law. The title of the eldest sons of the kings of France Disused since 1830.

DAY. 1. A period of time consisting of

twenty-tour hours and including the solarm