Page:Black's Law Dictionary (Second Edition).djvu/344

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DECAVIA

DECANIA. The office, jurisdiction, territory, or command of a deoanus, or dean. Speiman.

DECANUS. In ecclesiastical and old European law. An officer having super- vision orcr ion; a (lean. A term applied not only to ec('1esi:1stic.1l, but to civil and military, officeis. Decunus W'l0ii.fl8N(‘ll.S‘,' a mo- nastic denn, or dean of a monastery; an oth- cer over ten monks. Dccanus in major! er-1-lcsim; dean of a cathedral church, presiding‘ over ten prehendaries Decunus episcopi; a bishop's or rural denn. presiding over ten clerks or parishes. Decanus friDor_r/1; dean of a friborg. An officer omong the Sax- ons who presided over a fri-horg, tithing, decenuzn y, or nssocintion of ten inhabitants; otherwise called a “tithing man," or “bers- hoider." Docrmus militar1's; a military officer, having command of ten soldiers. Spel- man.

In Roman low. An officer having the comnmud of a company or "mess" of ten soidiers Also an officer at Constantlnopie having charge of the hurial of the (lend.

DECAPITATION. The act of hehending. A mode of capitai punishment by cutting oh.’ the head.

DEC]-JASE, 1». Death: dermrture from life, not including civil death, (see DEATH.) In re Zeph's Estate. 50 Hun, 523, 3 N. Y. Supp. 460.

DECEASE, 1:. To d1e: to depart life. or from life. This has always new a common

term in Scotch law. "Gif one man deceasts." Skene. DECEDEN1‘. A deceased person; one

who has lately died. Etymologicaily the word denotes a person who is dying, but it has come to be used in law as signifying any defunct person, (testate or intestate.) but always with reference to the settlement of his estate or the execution of his will. in re Ze[,Ih's Estate. 50 Hun. 523, 3 N. Y. Supp. 460.

DECEIT. A fraudulent and cheating mis- representation, artifice, or device, used hy one or more persons to deceive and trick an- other, who is ignorant of the true facts. to the prejudice and dainsge of the party imposed upon. People v. Chadwick. 143 ‘Cal. 116, 76 Pat‘. 884: Reynolds v. Palmer (C. C.) 21 Fed. 433; French v. Vining, 102 Mass. 132, 3 Am Rep. 4-I0: Swift v. Rounds, 19 R. I 527. 35 Atl. 45. 33 L. R A. 561. 6] Am. St Ii:-p. 791: In re Post, m Him. (134. 7 N. Y. SIJPD. 43$: Civ. Code Mont. 1S{i'.'v. § 2292.

A subtle trick or device, whcreunto may be referred all manner of craft and collusion used to deceive and defraud another by nny means whatsoever, which hath no other or

336

DECERN

more proper name than deceit to distinguish

the offense. [West Symh. § 68:] Jacob. The word "deceit," as well ns “fraud." ex-

ciudes the idea of mistake, and iI!.I|"Jl‘[S knowl-

e we that the artifice or dmire used to '9

igfé-and is untrue. Farueii v. Match f, 61 . I .

In old English law. The name of an original “Fit, and the action founded on it which lay to recover damages for any injury committed deceitfuliu. either in the name of another, (as by bringing an action in another's name, and then suffering a nonsuii. whereby the plaintiff ‘her-aine iiable to costs.) or by a fniuduinut warranty of goods. or other personal i‘l.ljllI‘_\‘ committed contrary to good faith and honesty. Reg. Orig. 112-116.- Fitzh. Nat. Bret. 95, E. 98.

Also the name of a judicial writ which

formerly lay to recover lands which hnd been lost by default by the tenant in s reni action. in consequence of his not having been summoned by the sheriff, or by the collusion of his attorney. Rosc. Reai Act. 136; 3 Bl. Comm. 166. —Deoeitful plea. A sham plea: one nilegmg as facts things which are obviously false on the face of the plea. Gray v. Gidiere, 4 Strob. (S. G.) 4-13.

DI-ICEM TALES. (Ten such: or ten tales, jurors.) In practice. The name of a writ which issues in England, where, on a trial at bar, ten jurors are necessmzv to make np a full panel. commanding the sheriff to summon the requisite numher. 3 Bl. Comm. 364; Reg. Jud. 30b; 3 Steph. Comm. 602.

DECEMVIRI LITIBUS JUDICANDIS. Lat. In the Roman law. Ten persons (flvs senators and live cquitcs) who acted as the council or assistants of the pisetor, when he decided on matters of law. Haillfax, Civil Law, b. 3, c. 3. According to others, they were themseives judges. Calvin.

DECENNA. in old English law. A tith- in; or deceunary; the precinct of a frank- pledge; consisting of ten freehoiders with their fa.miii . Spelman.

D]-:C}:N2NA_R1‘US. Lat. One who beid one-half a virgale of land. Du Cange. One of the ten freeholders in a def'(mLu1'_l/. Id.: Calvin. Dec-cnniz-r. One of the dccerziirwil, or ten‘ treeholders making up a tithing. Spelman.

DEC]-JNNALRY. A tithing, composed of ten neighboring families. 1 Reeve, Eng. Law. 13; 1 Bl. Comm. 114.

Dceeptio non decipientiblu, Juru lub- veniunt. The laws help persons who are deceived. not those deceiving. Tray. Lat. Max. 149

DECERN. In Scotch law. To decree. "Decernit rmd ortiaiuit." 1 How. State Tr.

927. “Dccerns." Shaw, 16.