Page:Black's Law Dictionary (Second Edition).djvu/349

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DEDICATION

or the public uses to which the property has been devoted. People v. Marin County, 103 (Jul. 2'23. 37 Pac. ‘J03, 26 L. [L A. 659; Grognu v. l1.iyw.ird (C. C-.) 4 Fed. 161; Goii/an v. Philadelphia Exch. C0,. 5 Watts & S. (l?a.) 141, -10 Am. Dec. 489; Alden Coal Co. v. Challis. 200 Ili. 222, 65 N. E. 065; Barteau v. West, 23 Wis. 4.16; Wood v. Hurd, :34 N. J. Law, 87.

Express or implied. A dedication may be express, as Where the intention to dedicate is expressly manifested by a deed or an explicit nriii or written declaration of the owner. or some other explicit manilcstation of his pur-

se to devote the land to the public use. All niipiied dedication may be EDOVUJ by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other tlieory than that he inicndcd a dedi-

G . . u .3, 4.3 Atl. West St. Paul. 83 iiiinu. 40], " N. W. i'.-uple v. Marin County, 103 Cal. 223. 37 203. 26 L. It. A. 659.

common-law or statutory. A common- iaw dedication is one made as above desciibed, and be either express or implied. A stututory dedication is one made under and in conformity with the provisions ofastntute regu- lating the subject, and is of course necessarily express. Antouio v. Sullivan, 23 Tex. (Jiv. App. 619. S. W. 42: People v. Marin Uoueng. 103 Cal. 223, 37 Pac. 203. % L. IL A. ' .

42 . Pac.

In copyright law. The that publication of a work, wlthoiit having secured a copy- right, is a dedic.ii.'ion of it to the public: that h.iiing been (lone, any one may republish it. Bartlett v. C1-itteuden, 5 McLean, 32, Fed. Gas. No. 1,076.

DEDICATION-DAY. The feast of ded- ication of churches, or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all the neighboring villages, who usually canie thlther; and such as-seinblles were allowed as lawful. It was usual for the people to feast and to drink on

those days. Cowell. DEDIMUS ET CONCESSIMUS. (Lat. We have given and granted.) Words used

by the king, or where there were more giantora than one, instead of clccli at caiicessi.

DEDIMUS POTESTATEM. (We have given poiier.) In ijnglish practice. A writ or r.'0miin.<.~:ion issuing out of chancery. ei.n- pmvering the persons named Lhei ein to perform certain acts, as to administer oaths to defendants in (l.i1lIlCEi'_V and take their nu- SWBIE. to administer oaths of ollice to justices of the peace, etc. 3 BL Comm. 4-17. It “as ant-ieutiy allowed for many purposes not now in use, as to make an attorney, to take the nciinnwledgment of a line, etc.

1n the United States, a commission to take tesliiiiuny is sometimes termed a "dcilt'mu..i puiesmlem." Buddlcnm v. Kirk, 3 Cranch,

341


DEED

293, 2 L. Ed. 44-L; Sergeunfs Lessee v. Biddie, 4 Wheat. 508, 4 L. Ed. 627

DEDIMUS POTESTATEM DE AT- TORNO FACIENDO. In old English practice. A writ, issued by royal authority. cin- powermg an attorney to appear for a defend- ant. Prior to the statute of \«VesLLuinsI.er 2, a party could not appear in court by attorney a ithont this writ.

DEDITION. The act of yielding up any- thing; surrender.

DEDITITII. In Roman law. Criminals who had been marked in the face or uu the body with fire or an iron, so that the mark could not be erased, and subsequently n.i.iuu- initted. Calvin.

DEDUCTION. By “deduction" is understood a portion or thing a hich an heir his a right to take from the mass of the siiccession bcfore any partition takes place. Civil Code La. art. 135&

DEDUCTION FOR NEW. In marine insurance An nlloivance or drawback credited to the insurers on the cost of repairing a vessel for dziiniige arising from the perils of the sea insured against. This allowance is usually one-third, and is made on the theory that the parts restoicd with new I'lifl.t(‘1iiiiFl are better, in that proportion than they were before the damage.

DEED. A sealed instrument, containing a contract or covenant. delivered by the party to be bound thereby, and accepted by the party to Wl.1Di.lJ the contrsu-t or covenant runs.

A ’Wi‘ltllig containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239.

In its legal sense, a "deed" is an instinment in writing, upon paper or parchment, between parties able to contract, subscribed, sealed, and delivered. Insurance Co. v. Avery, G0 Ind. 572; 4 hciit, Comm. -152.

In 11 more restricted sense, a written agreement. slgned, sealed. ‘iiid dslivereii, by “hi! h one person conveys land, tenonii-ints, or heredltaments to another. Tins is its ordin ry modern nicnniiig. Snudeis v. iiicdiiiger. 30 App. Div. 377. 51 N. Y. Supp. 937: Itced v. Hazletou. 37 Kan. 9‘ . 15 Pnc. 177: Dndl v. Sumner, 5 iiinss. 410: Ii‘islicr v. Penilcr, .12 N. C. 485.

The term is nlsu used as si nonyiiioiis with “f:1ct," "actuiilitv. ' or "act of parties." Tiiiis a thing “In deed ‘ is one that has been really or expressly done; as opposed to in law." which ineiiiis that it is merely implied or presumed to have been done.

—Deed in fee. A deed conveying the title to land in fee simple iiith the usuiil covenants. Rudd v. Sawill, 44 Ark ].'i‘_7: Moody v itali- \\ ay 00., 5 Wiisli. 699. 32 Piic. 7:'i].—Deed indented, or indentiix-e. In conveyancing. A

deed executed or purporting to be executed in M

i