Page:Black's Law Dictionary (Second Edition).djvu/345

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DECESSUS DECESSUS. In the civil and old English law. Death: departure.

Decet tnunen principem servare legel quibua ipse nervatuu est. it behoves, indeed, the prince to keep the laws by which he himself is preserved.

DECIDE. To decide includes the power and right to deliberate, to weigh the renaans for and against, to see which preponderate, and to be governed by that preponderance. Dardcn v. Lines. 2 Fla. 571: (‘cm v. Anthes, 5 Gray (I\{nSs.) 253; In re Milford & M. R. C0,, 63 N. H. 570, 36 At]. 645.

DEGIES TANTUM. (Ten times as much) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe.

DECIM1!-I. In ecclesiastlcai law. Tenths. or tithes. The tenth part of the annual prof- it of each living. payable formerly to the pope. There were several valuations made of these livings at different times. The decimw (tenths) were appropriated to the crown, and a new valuation estnhllshed by 26 Hen. VIlI., c. 3. 1 Bl. Comm. 281. See Trrnns.

Deei.-mas debentnr paraelno. due to the parish priest.

Tithes are

Deeimm de decimntin 501171 non debent. Tithes are not to be paid from that which is given for tithes.

Decimm do Jnre divino at canonien institutions pertinent a.d personaan. Dai. E0. Tithes belong to the parson by divine right and canonical institution.

Decimta non debent nolwi, ubi non est nnnun rennvatio; et ex mmnstia reno- vmtibns simul Iemel. Cro. Jac. 42. Tithes ought not to be paid where there is not an annual renovation, and from a.unuui renovations once oniy.

DECIMATION. The punishing every tenth soldier by lot, for mutiny or other fail- ure of duty, was termed "dcc1'mat1'.a legio- nls" by the Romans. Sometimes only the twentieth man “as punished. (viceeimatiql or the hundredth. (ccntcsirnat-So.)

DECIME. A French coin of the value of the tenth part of a franc, or nearly two cents.

Decipi qu:.I.m fnllere est tutlml. snfer to be deceived than to deceive. 396.

DECISION. In practice. A judgment or decree pronounced by a court in settlement of a controversy submitted to it and

Bl.Law Dict.(2d Ed.)—22

It is Lotft,

337

DECLA RATION

by way of authoritative answer to the questions raised before it. Adams v. Railroad Co., 77 Miss. 194, 24 South. 317, 60 L. R. A. 33; Board of Education v. State, 7 Kan. App. 620, 52 Pac. 466: Halhert v. Alford (Tex.) 16 s. W. 314. "Decision" is not synonymous with “opin-

" A decision of the court is its judg-

the opinion is the reasons given for

that judgment. Houston v. Williams, 13 Cal. 27, 73 Am. Dec. 565; Craig v. Bennett, 158 Ind. 9, 62 N. E. 2'1 .

DECISIVE OATH. In the civil law. Where one of the parties to a suit. not being able to prove his charge, offered to refer the decision of the cause to the oath of his ad- versary, which the adversary was bound to accept, or tender the same proposal hack again. otheruise the whole was taken as confessed by him. God. 4. 1. 12

DECLARANT. A person who makes a declaration.

DECLARATION. In plearling. '1‘he first of the pleadings on the part of the plnintifi in an action at law. being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sections or divisions, called “counts." and its formai parts foiiow each other in this order: Title. venue. commencement. cause of action. counts. conclusion. The declaration. at common law, answers to the “lihel" in ecclesiastical and admiralty law, the "hill" In equity, the “petition” in civil law, the “cnmplaint" In code pleading, and the "count" in real actions. U S. v. Ambrose. 108 U. S. 336. 2 Sup. ('15. (F2. '27 L. Ed. 74?: BlICkil.‘l_2i‘|H!Il v. Murray. 7 Houst. (Del.) 178. 30 Atl. 779: Smith v. Fowle. 12 Wend. (N. Y) 10', Railway Co. v. Nuszeut. S6 Md. 34$). 38 At]. 779. 39 L. R. A. 161.

In evidence. An unsworu statement or narration of facts made by a partv tn the transaction, or by one who has an interest in the evistence of the facts recounted. Or a similar statement made by :1 person since deceased, which is admissible in evidence in some cases. contrary to the general rule. 8. 0., a “dying deci-iration."

In practice. The declaration or declaratory part of a judgment. decree, or order is that part which gives the decision or opinion of the court on the question of la“ in the case Thus, in an action raising a question as to the construction of a will, the judgment or order declares that, according: to the true construction of the will, the plaintitf has become entitled to -the residue of the testator's estate, or the like. Sweet.

In scotch practice. The statement of a criminal or prisoner, taken before a magistrate. 2 Alis. Criiu. Pr. 555.

—Declnratian of Independence. A formal declaration or announcement, promulgated July

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