Page:Black's Law Dictionary (Second Edition).djvu/357

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DELICTUM

prudence not legally excusable, causes injury to another. They were four in number. Vlz.2 (1) gm [H1162 iiiuu suum. fecit, being the oliense of parciulily ' excess in the index, (juryniun;) e. y. in ass ssing the damages al, a ll-.','ure in ex- an of [lie extreme llnnt periuitLed_by_ the formula. (1) L)e)e4.tuui aflusuirwe uliquni, being I'll! run committed by one s servant in emptying or li.|l'\)\\.ll.|g something out at an i.‘ll.[iC or appen am; upon a person passing heneaih. (3) bum- mm uuet-tu,nL, being the ode-use of hanging ll)-,I(v‘l'0Il5 articles over the heads of persons p.~......_ along the king's hxgliuay. I-ii .i.'orLs em a 'Lul by ones agents (L. y., stable-boys, shup-managers, etc.) in the course of their employment. Brown.


DELICTUM. Lat. A delict, tort, wrong, lnjiny, or ulleuse Actions cm deli:-to are Isllcll as are founded on a tort, as diSLll]5,‘,'i.llSiJ- cd from actions on ('OllLl'Ii\.L

Culpahliity, blalnewurI.h.uiess, or legal de- linquemy. The word occurs in this sense in the maxim, "in [Kiri l1e‘liLtl) rm:I.i.ur est con- uilui dr.fc:ulLntis," (which see.)

A L-hallenge of a juior pruplcr deiictum is for some crime or misdemeanor that aifects his credit and renders him infamous. 3 Bl. Comm. 363: 2 Kent, Comm. 241.

DELIMIT. To mark or lay out the limits or boundary line of B. territory or country.

DELIMITATION. The act of fixing. ulariiing oil“, or describing the limits or boundary line of a territory or country.

Delinguein per is-am pa-ovoentus puniri dehet mitius. 3 Inst. 55. A delin- quent provoked by anger ought to be pun- ished more mildly.

DELINQUENT, n. In the civil law. He who has been guilty of some crime, offense, or failure of duty.

DELINQUENT, adj. As applied to I1 debt or claim, it means simply due and unpaid at the time appointed by law or fixed by con- liatt; as, a delinquent tax. Chauncey V. Wass, 35 Minn. 1, 30 N. W. 826; Gallup v. Schnildt, 154 Ind. 196, 56 N. E. 450. As applied to a person, it commonly means that he is grossly negligent or in willful default in regard to his pecuniary obligations, or even that he is dishonest and unworthy of credit. Boyce v. Ewart, Rice (S. C.) 140; Ferguson v. Pittsburgh, 159 Pa. 435, 28 Atl. 118; Grocers‘ Ass'n v. Exton, 18 Ohio Cir. 01;. R. 32.1.

D]-JLIRIUM. In medical jurisprudence Delirium is that state of the mind in which it acts without being diretted by the power of volition, which is wholly or partially suspended. This happens most perfectly in dreams. But what is commonly called "de- lirium" is always preceded or attended by a feverish and highly diseased stata or the body. The patient in delirium is wholly ucnonscious of surrountling objects, or conceives them to be different from what they really

349

DELIVERY

are. His thoughts seem to drift about, wildering and tossing amidst ilistizicted dreams. And his obseriatious, when he nukes any, as often happens, are wild and incollelent; or, from excess of pain, he snihs into a low muttering, or silent and death-like stupor. The law contemplates this species of mental derangement as an intellectual eclipse , as a darkness occasioned by a cloud or disease passing oier the mind; and Wi.ll(.i1 inust soon terminate in health or in death. Uenugs Case, 1 Bland (l\id.) 3S6. 17 Am. De Supreme Lodge v. Lapp, 74 S. W. um. . Law Rep. 74; Clark v. Ellis, 9 Or. 13:; Brogden v. Brown, 2 Add. -141.

—-Delirium febrile. In medical jurispru- dence. A form at menial abeiratiun inuurut to levers, and sometnnes to the last staps of chronic diseases.

DEI.]2RIUIM TREMENS. A disorder of the nervous system, involving the brain and setting up an attack of temporary delusional insanity, sonietuues attended with violent ex- citement or mania, caused by excessive and long L-ununued indulgence in alcoholic liq- uors, or by the ahiupt LESSd.Ll0l.l of such use after a protracted debauch. See INEANI'iY.

IDELITO. In Spanish law. Crime; :1 crime, offense, or dellct. White, New. Ilecop. b. 2. tit 19, C. 1, 5 4.

IDELIVERANCE. In practice. The verdict rendered by a jury.

--Second deliverance. In practice. A writ allowed a plaintili in replevin where the defend- nnL has obulined judgment, for return of the guuds, by default on nonsuit, in order to have the same distress again delivered to him, on giving the same security as before. 3 BL Comm. 150; 3 Sleph. COIIIDJ. 668.

DELIVERY. In conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. Black v. Shreve, 13 N. J. Eq. 461: Kirk v. Turner, 16 N. C. 1-}.

In the law of lnles. The tradition or transfer of the possession of personal prop- erty from one person to another.

In medical jurisprudence. The act of a woman giving birth to her offspring. Blake V. Junkins, 35 Me. 433.

Absolute and conditional delivery. An absolute delivery of a deed, as distinguished from conditional delivery or dclivery in escruvi, is one which is complete upon the actual transfer of the instrument from the possession of the grantor. Dyer v. Si-milan_ 128 Mich. .345, 87 N. W. 2'77, 2 Am. St Rep. 461. A conditional ticiiierv of a deed is one which passes the deed from the possession of the grunlor but is not to be completed by possession of the grantee, or _a third person as his went, until the happening of a specified event. ])_Vul" v. Slmdan, 128 Mich. 343, 87 N. W. 277 9‘? Am. St. Rep. 461: Schmidt v. Deegan, (£9 Wis. 390, 34 N. W. 83.

Actual and constructive, In the law of

sales, actual delivery consists in the giving real