Page:Black's Law Dictionary (Second Edition).djvu/340

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


DEAD BODY

to assist the priest in divine service and the distribution of the sacrament. It is the low- est order in the Church of EJ131331}-

DEAD BODY. A corpse. The body of a human being, Klnprix ed of life, but not yet entirely d.isinto,;i--ited Me-ids v. Daugherty County. 98 Ga. em, 25 S. E. 915.

DEAD FREIGHT. When a merchant who has chartered a vessel puts on board a part only or the intended c-irgo, but yet. having chartered the whole vessel, is bound to pay freight for the unoccupied capacity, tile freight thus due is called “(lead i"re1ght." Gray v. Carr. L R. 6 Q. B. 52.8; Phillips V. Itodie, 15 East. 547.

DEAD LETTERS. Letters Which the postal department has not been able to deliver to the persons for whom they were intended. They are sent to the "(lead-letter office," where they are opened, and returned to the writer if his address can be ascertained.

DEAD MANES PART. In English law. That portion of the effects of a deceased person which, by the custom of London and York, is allowed to the administrator; being, where the deceased leaves a widow and chil- dren. one-third; where he leaves only a wid- ow or only children. one—half; and, where he leaves neither, the whole. This portion the administrator was wont to apply to his own use till the statue 1 Jac. II. c. 17, declared thit the same should be subject to the statute or distributions. 2 Bl. Comm. 513; 2 Stcph. Comm. 25-1; 4 Reeve. Eng. Law, 83. A similar portion in Scotch law is called “dead's part," (q. 1:)

DEAD-PL]-JD GE. I:admm.

A mortgage; mort Mum

DEAD RENT. In English law A rent payable on a mining lease in addition to a royalty. so called because it is payable a1- tbough the mine may not he worked.

DEAD USE. A future use

DEADHEAD. This term is applied to persons other than the officers, agents, or employees of a railroad company who are permitted by the company to travel on the road without paving any tare therefor. Gardner v Hall, 61 N. C. 21.

DEADLY E1-IUD. In old European law. A profession of ii-recoiicliable hatred till a pei -in is reiclwed even by the death of his «in mv

DEADLY WEAEON. Such weapons or instruments as are made and designed for oifensive or dci iisire purposes, or for the llE‘.‘~li‘l1l"ll01] of life or the infliction of injury. Com. \ Br-inlrnn, S Bush (RH 397

A dezldly \\e:lpon is one likely to produce

332

DEATH

death or great bodily harm. People v. Fuqng 58 Cal. 2-15.

A deadly weapon is one which in the manner used is capable of producing death, or of infiicting great bodily injury, or seriously wounding. Mclleynolds v. State, 4 Tex. App. 327.

D]-1A])'S PART. In Scotch law. The part remaining over beyond the shares Si.‘- cured to the widow and children by law. 0! this the testator had the unqualified disposal. Bell.

DEAF AND DUMB. A man that is born deaf, dumb, and blind is looked upon by the law as in the same state with an idiot. he being supposed incapable of any understanding. 1 Bl. Comm. 304. Nevertheless, a «kit and dumb person may be tried for felony if the prisoner can be made to understand by means of signs. 1 Leach, C. L. 102

DEAFTOREST. In old English law. To discharge from being forest. To tree from forest laws.

DEAL. To traflic; to transact business: to trade. Makers of an accommodation ml! are deemed dealers with whoever discounts it. Vernon v. Manhattan Co., 17 Wend. (N. Y.) 524.

—Dealer. A dealer, in the popular, and therefore in the statutory. sense (if the word. is not one who buys to keep, or makes to soil, lIl|[ one who buys to sell again. Norris v. Com, '2? Pa. 496; Cum. v. Campbell, 33 Pa. 3Sll.—D lingo.

Ti-anszictions in the course of trade or busimss.

Held to include payments to a binlmipt Moody & M. 137: 3 Car. & P. 83.—Dea1ere’ talk. The puifing of goods to induce the sale

thereof: not raga rded in law as fraudulent un- less accompanied by some artifice to deceive the purchaser and throw him off bis guard or some concealment of intrinsic dclcvcts not easily my roveiable. Kiniiiall v. B,\m;s. 144 Mass 33'. %‘1dN.4 113: Reynolds 7- halmer (C. C.) 21 c . .

DEAN. In English ecclesiastical law. An -cs sticai drgnitary who preslflkfi or-er ter of a cathedral, and is next in rank to the bishop. So called from having been originally appointed to superinieud mi canons or prehendaries. 1 BL Comm. 3&2; Co. i'iitl:. G5; Spelman.

'.li|ere are several kinds of deans, nnni-ls‘:

Deans of chapters; deans of pt-culiais; I'llI'lll deans; (loans in the colleges; honoiary deans-, duins of provinces. —Dean and chapter. In ecclesiastical law. The cmincil of a bishop, to assist him with t‘. ~ir advice in the religious and al ‘a the tr uni affairs of the see. 3 Cok 1 ill. ( n. 392; Co. I .itt. 103. 300.--Dean of the nrcliel. '.l'in> presiding jurlige of lI1|e‘COl.il'[ of .\|'(lll"%- He is llSO an assistant judge in the ma t at -irluiiraln. 1 Kent, Comm. 371; 3 Supb. Comm. T27.

<1

DEATH. The extinction or life; the departure of the soul from the body; det ed by [ibyslclaas as a total stoppage of the cir-

culation of the blood, and a CBb‘|_'\tl0i.\ of the