Page:Black's Law Dictionary (Second Edition).djvu/341

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DEATH

animal and vital functions consequent there- un. such as respiration, pulsation. etc

ln legal L-onteinplation. it is of two kinds: (1,) ihilicrul death, i. e., the extinction of life; IL’) Civil death, which is that change in a per» sun's legal and civil condition which deprives lam of civic rights and juridical capacities and qualifications, as natural death extinnllshes his natuial condition. It follows as a con‘ :quence of being attainted of treason or it-i--n_r. in English law, and nncicntly of entering a monastery or nbjuring the realm. The peison in lnis condition is s:iid to be ciu'lltc'r n.‘ru‘tiu/.5, civilly dead, or dead in law. Bal- timore v. Chester. 53 Vt. 319. 38 Am. Rep. 5"" Avery v. Everett, 110 N. Y. 317, 18 .\ E. 148. 1 L. P. A. 26-1. G Am. St. iiep. in re Donneily's Estate, 125 Cal. -117,

'-N Piic. 61 73 Am. St. itcp. 62; 'l‘1'uuD V-

\\o0d. -1 Johns. Ch. (I\‘. Y.) 248; Coffee v. linynes, 124 Cal. 56], 57 Pac. 482, 71 Am. St Rep. 99.

"l\hturui" death is also used to denote a death which occurs by the unassisted operation of natural causes, as distinguished l'roi.n n “v1'ulent" death, or one caused or accelerated by the inteiference of human agency.

Death wan-ant. A warrant from the proper executive authority appointing the time and place for the execution of the sentence of death upon a convict judjciuily condemned to suffer that penalty.

Death watch. A special guard set to watch a prisoner condemned to death, for some days before the time for the execution. the special purpose being to lirerent any cscape or any attempt to auticipate the sentciice.

DEATH-BED. In Scotch law. A state of sickness which ends in death. Ersk. lust. 3, 8, 95.

—Dcat1i-hed deed. In Scotch law. A deed made by a person while laboring under a distemper of nhirzh he afterwards iiicd. Eisk. Inst 3. 8. 96. A deed is unduismod to be in dcuih-bed, if. before signing and dc1i\er_v there- of, the grantor was sick. nnd never (‘0i]V:1ivSC_9d thereafter. 1 Forbes. Inst. pt. 3, b. 2 . . tit. 1. § 1. But it is not necessary that e should he actually conhned to his bed at the time of milking the deed. Bell.

DEATH’S PART. Dmn i\I.\n's PART.

See Dun‘: Pur:

DEATHSMAN. The executioner; hangman; he that executes the extreme penalty of the law.

DEBAUCI-I. To entice, to corrupt. :ind, when used of it woman. to seiiuce. Origi- nilly the term i|.id 1 iiniiteil si.:nlfic:ition. rucaning to entire or dr:iw one away from his work, employiueiit, or duty; and from this sense its application has eniargeti to icnlude the corruption of inaiiners and viniatlou of the person in its niodern legal sense. the word cairies with it the idea of "carnal

333

DEBET ET SOLET.

knowledge," :igg1'av:1I:ed by assault, violent seduction, riiiishniciit. I\()()).iig v. Nott, 2 Iliit. (N. Y) 323. And see Wood v. M ithews. 47 Iowa. 410: State v. Curran. 51 Iowa. 112. 49 N. W. 1006.

DEBENTURE. A certificate given by the collector of 11 port, under the United States customs laws. to the cited; that an importer of merchandise therein named is entitled to a drawback. (a. v.,) specifying the amount and time when payable. Sea Act Cong. March 2, 1799. § 80.

In English law. A security for a loan of money issued by a public company. usually creating a charge on the whole or a part of the company's stock and property, though not necessarily in the form of a mortgage. They are subject to certain regulations as to the mode of transfer, and ordinarily have coupons attached to facilitate the payment of interest They are generally issued in a series, with provision that they shnli rank purl passu in proportion to their amounts. See Bank v. Atkins, 72 VI. 33, 47 Atl. 176.

An instrument in use in some_.r.-overninent departments, by whidn government is charged to pay to 11 creditor or his assigns the sum found due on auditing his accounts. Brande; Blount.

DEBENTURE STOCK. A stock or fund representing money borrowed by a company or public body. in England. nntl charged on the whole or part of its property.

Debet ease finiii litium. There ought to be au end of suits; there should be some pe- riod put to iitimtion. Jenk. Cent. 61.

DEBET ET DETINET. He owes and detains. Words Hllclclitiy used in the origiuril writ. (and now, in English, in the plaintiffs declaration.) in an action of delit, where it was brought by one of the original contracting parties who personally g<l\"E the creillt. against the other who personally incurred the dellt, or against his heirs, if they \\ ere bound to the payment; as by the obligce against the 01-llgor, by the landlord against the tenant, etc. The declaration, in such cases states that the defendant "owes to," as well as "detains from," the plaintiff the debt or thing in qiiesiion; and hence the action is -iid to be “in the dcbrt ct dctinot." Where ihc (lec- laratlnn nie-rely states that the defendant drfiilmi the debt. (as ‘in actions by ind

i_::iinst an executor for a debt due to or

from the iestntor,) the action ‘is s.iicl to be “in the drn'u.r‘t' alone Flrzh. Nai. Brev 119, G.; 3 BL Comm. 155.

DEBET ET SOLET. (Lat. He owes iliid is used to.) Where a man sues in a writ of right or to recoier uny light of which he is for the first time disseisod, as of a suit at a mill or in case of a writ of quad pcrmittat.

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