Page:Black's Law Dictionary (Second Edition).djvu/342

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DEBET QUIS JURI SUBJAOERE 334 DEBT

he brings his writ in the debet at solet. Reg. Orig. 14411; Fitzh. Nat. Brev. 122, M.

Debet quis juri subjacere ubi delinquit. One [every one] ought to be subject to the law [of the place] where he offends. 3 Inst. 34. Thls maxim is taken from Bracton. Bract. foi. 154b.

Debet sua cuique domus esse perfugium tutissimum. Every man's house should be a perfectly safe refuge. Clason v. Shotwell, 12 Johns. (N. Y.) 31, 54.

Debile fundamentum fallit opus. A weak foundation frustrates [or renders vain] the work [built upon it.] Shep. Touch. 60; Noy, Max. 5, max. 12; Finch. Law. b. 1, ch. 3. When the foundation fails, all goes to the ground: as, where the cause of action fails, the action itself must of necessity fail. Wing, Max., 113, 114, max. 40: Broom. Max. 180.

DEBIT. A sum charged as due or owing. The term is used in book-keeping to denote the charging of a person or an account with all that is supplied to or paid out for him or for the subject of the account.

DEBITA FUNDI. L. Lat. In Scotch law. Debts secured upon land. Ersk. Inst. 4, 1. 11.

DEBITA LAICORUM. L. Lat. In old English law. Debts of the laity, or of lay persons. Debts recoverable in the civil courts were anciently so called. Crabb. Eng. Law, 107.

Debits sequuntur personam debitoris. Debts follow the person of the debtor; that is, they have no locality, and may he collected wherever the debtor can be found. 2 Kent, Comm. 429: Story, Confl. Laws. 5 2.02.

DEBITOR. law. A debtor.

In the civil and old English

Debitor non prazsumitur donnre. A dehtor is not presumed to make :1 gift. Wh-1te\er disposition he makes of his prop- crty is supposed to be In satisfaction of his debts. 1 Kames. Eq. 212. Where a debtor xzlves money or goods, or grants land to his creditor, the natural presumption is that he means to get free from his ohllgation, and not to make a present, unless donation be expressed. Ersk. Inst. 3, 3. 93.

Debitorum pactionibus or-editorlun petitio nee tolli nec minni potest. 1 Path. 0111 108: Broom. Max. 097. The rights of creditors can neither be taken away nor diminished by agreements among the dcbtors.

DEEITRIX. A female debtor.

334

DEBT

DEBITUM. Something due, or owing: a deht

Debituln et eontrsctus aunt nnlllur loci. Debt and contract are of [belong to] no place; have no particular locality. The obllgation in these cases is purely personal. and actions to enforce it may be brought anywhere. 2 Inst. 231: Story, Coull Laws. 5 362; 1 Smith, Lead. Gas. 340, 363.

DEBITUM IN PREJSENTI SOLVEN- DUM IN FUTURO. A debt or oblivulinu compiete when contracted, but of v\ uh In performance cannot be requlred tili some intnre period.

DEBITUM SINE BREVI. L. Lat. Debt without writ; debt without a detlarrv tion. In old practice. this term denoted an action begun by original blll. Instead of by writ. In modern usage. it is somellmes applied to a deht evitleucecl by confesslon of judgment without suit. The eqtllyalent Norman-French phrase was “debit sum: l>7'e1.e." Both are abbrerlated to d. .s. D.

DEBT. A sum of money due by certain and express agreement; as by bond for a de terminate sum, a lull or note, a spcclal inrgalu, or a rent reseri ed on :1 lease. IV'lll'I'E the amount is fixed and spetlflc, and does not depend upon any subsequent valuation to settle it. 3 Bl. Comm. 154; Camden v. Allen. 26 N. J. Law. 398: Appeal of City of Erle, 9] Pa. 398; Dickey v. Lconarrl. 77 Ga 151; Hagar v. Reclamation l)lst. 111 U. S. 701. 4 Sup. Ct. 603. 38 L. Ed. 569: Apps] Tax Court v. Rlce. 50 Md. 302.

A debt is a sum of money due by contract It is most frequently due -by a certain and e.\- press agreement, which fixes the amount. independent of extrinsic circumstances. [lot it is not csscntlal that the contract should he express, or that it should fix the prer_'isr amount to be paid. U. S. v. Cult, 1 Pet. C C. 1-15, Fed. C115. No. 14,839.

Standim: alone, the word ‘‘debt'’ )8 as upplirt ble to a sum of money which bas been prunn-v4 at a future day, as to a sum of muncy now fllh and paywlrle. To distinmlish hctwcen the nu. it ma) be said of the former that it is ta deb! ovling, and of the latter that it is a debt due. “Whether a claim or dmnnnd ls a debt or not is in no respect dcterunned by a refcrence tn the time of payment. A sum of money which is certainly and In all events payable is a delta Without regard to the fact whether it he pny ablc now or at a future time. A sum pu_\ zl-tr upon a C0lltll\,‘?.«"l1C_V. lm\ve\‘vr. is not a deb! nr docs not become a debt until the ('nmin;:esrr has happened. People v. Ar‘-nr-lln. 37 Cal Yul

The word “dr‘bl." is of large import, Inrh-i~ int: not onlv dehts of record, or jnclgmcnts and debts by specialty, but also obligations misun- under simple contract, to a very wide extent. and ln its popular sense ilJ('l|ldl.S all that is due to a man under any form of ohliumua or promise. Gray v. Bennett. 3 Mctc. r1\I1.=-=.) 521 52

"I)eht” has been differently dnfined. owing to the rlifl"crI>nl: subject-matter of the statutes in

which it has been used. Ordinarily. lt import!