Page:Black's Law Dictionary (Second Edition).djvu/353

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DEFENSE Bouv. Inst. no. 420G.—Px-eterinitted defense. One which was available to El party

and of which he miglit have had the heuefit if he had pleaded it in due season, but which cannot afterwards he heard as a basis for ufiirm- ntive relief. Swennes v. Spiiiin, 120 Wis.

i N. W. 511.—S]iam defense. A false or fictitious defense, interposed in had fnitli, and manifestly untrue, insutficient, or irrelevant on its face.—Self—defense. See that titlc.--Defense an fond en droit. in French and (‘anadian law. A demurrer-.—Defense an fond en fait. In French and Canruiian law. The general issue 3 Low. Can. -231 —Legal defense. (1) A defense which is complete nnd

adequate in point of law. (2) A defense v\hi_ch its distin-

may he set up in a court of law; guished from an "equitable defense." which is co.-niziible only in a court of equity or court possessing equitable powers.

DEFENSIVA. In old English law. A lord or earl of the mzirches, who was the warden and defender of his country. Cowell.

DEFENSIVE ALLEGATION. In Englisb ecclesiastical low. A species of iiig, “here the defendant, instead of denying the plaintiff's clinrge upon oath, has any cir- cumstaiices to offer in his defense. This entitles him, in his turn, to the plaintiff's answer upon oath. upon which he may proceed to proofs as well as his I]Ill12‘0lJlSL 3 I31. Comm. mo; 3 Steph. Conini. T20.

DEFENSIVE WAR. A Will‘ in defense of or for the protection of, nritloual rights. it may he defciisi-i'c in its principles, though oflI'‘i'c in its operations. 1 Iient. Comm. 60, note.

DEFENSO. That part of any open field or place that was allotted for com or hay, and upon which there was no common or feeding, was unclently said to be in defense; so of any me.i(iow giound that was laid in for hay only. The same term was applied to a wood where pnrt inclosed or fenced, to secure the growth of the undeiii ood from the

injury of cattle. Cowell. DEFENSOE. In the civil law. A defender; one who assumed the defense of

anot.her's case in court. A tutor or curator.

In canon law. The advocate or patron of a church. An officer “ho had charge of the tempurailties of the church.

In old English law. A giiiirdinn, detender, or protector. The defendant in an action. A person vouched in to w'irranty. —Defensor civitatis. Defender or protector of a ClI._V or municipality. An officer under the Human empire, whose d ty it was to pl‘0l.'eLt the people against the inj

Also an advocate.

stice of the magis-

rr-iu=, the Insolence of the subsiltern oliii-us, iuiu rue rapacity of the money-lenders. Schni. (lvil IAW. lntrod. 16; Cod. 1 e ha

the poners of a judge, with jui ction of pecuniary causes to a limited amount, and the lighter species of otfenses. Cod. 1, 55. I: Now. 15. c. 3, § ; Id. c 6, : He had also the care of the public records, and powers similar



to those of a notery in regard to the execution of wills and conveyancos.—Defensor fidei. Defender of the faith. See Dirrnmonis.

DEFENSUM. An inclosure of land: any fenced ground. see DEFENSO.

DEFERRED. Delayed; putotf: remanded; postponed to a future time.

—Defer-red Life annuities. In English law. Annuities for the life of the purchaser, but not commencing until I Linn: subsequent to the date of buying them. so that, if the purchaser die before ihat date, the urchnse nioncv is lost. Granted by the commissioners for reduction of the national debt. See 16 & 1'1‘ Vict.

c. 45. § 2 Wharton.—Dei!en-ed stock. See ocx. DEFICIENCY. A lack, shortage, or in-

sufficiency. The difference between the total amount of the deiit or payment meant to be secured by a mortgage and that realized on foreclosure and sale when less than the total. A judgment or decree for the amount of such deficiency is called a "deficiency judgment!’ or "decree." Goldsmith v. Brown, 35 Barb. (N. Y.) 492.

—Deficienc_v bill. in parliamentary practice, an appropriation hill covering items of expense omitted from the general appropriation hill or bills, or for which insiiliicient appro- printions were miidc. If intended to con.-r a variety of such items, it is commonly called 3. "general deficiency biii:" it intended to make provision for expenses which must be met im- mediately, or which cannot wait the ordinary course of the general nppropristion bills. it is called an “urgent deficiency bill."

Deflclente nno aiznguizie non potent ease hie:-es. 3 Coke, 41. One blood being minting, he cannot be heir. But see 3 & 4 Wm. IV. c. ]0(‘-. § 9, and 33 & 34 Vict c 23. § 1.

DEFICIT. Something -wanting, generally in the accounts of one lntriistcd with moiiev, or in the money received by him. Miituul L 4: B. Ass'n v. Price, 19 Flu. 135.

DEFILE. To debauch, deflower, or corrupt the chastity of a woman. The term does not necessiirlly imply force or rnvlshnient, nor does it connote previous lizumacnlnteness. State v. Montgomery, 79 Iowa, 737, 45 N. W. 292: State v. Ferniild, 88 Iowa, 553, 55 N. W. 534.

DEFINE. To explain or state the exact meaning of words and phrases; to settle, m:ike clear. estshlish boundaries. U. S. V. Smith. 5 Wheat. 160. 5 L. Ed. 57; Walters v. Richardson. 93 Ky. 374, 20 S. W. 279; Miller v. Improvement Cn.. 99 Va. 747, 40 S. E. 27. 86 Am. St. Rep. 924; Gould v. Hutchins, 10 Me. 145.

"An examination of our Session Lans will show that acts have freqiicntly hccn pa sad. the constitutionality of which has neier lI(‘L'D questioned, where the powers and duties conferred could not he considered as merely explaining or making more clear those previously con- ferred or attempted to he, although the word ‘define’ was used in the title. In legislation it