Page:Black's Law Dictionary (Second Edition).djvu/359

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DEM ENE

in iii: demonic at of fee of a corporeal inheritance. because he has a property, dominicum or demexne. in the thing itself. But when he has no dominion in the thing itself, as in the case of an incorporeal hercditament, he is said to be netted as of tee, and not in his demeime as of tea. 2 Bl. Comm. 106; Littleton § 10: Hnrnet v. Ihrie, 17 Serg. & R. (PL) 19 .—Demesne lands. In English law. Those lands of a ninuor not granted out in tenancy, but rescned by the lord for his own use and occu- pation. Lands set apart and appropriated by the lord for his own private use, as for the supply of his table, and the maintenance of his iiimily; the opposite of tenemental lands. Tenancy and dnmesne. however, were not in every sense the opposites of each other; lands held tor years or at will being included among de- niesne lands, as well as those in the lord‘: actunl possession. Spelnian: '2 Bl. Comm. '.~)0.—Demenus lands of the crown. That share of lands reserved to the crown at the original distnhution of lunded property, or which came to ll afterwards by forfclturs or otherwise. 1 B Comm. 2 ‘ Steph. Comm. 5.'i0.—Demesni- nl. Pertaining to :1 41611198118.

DEMI. French. Halt; Chlclly in composition. As to flemi “Mark.

the hall’. Used

Officlai." “Viil." see

those titles.

DEMI-SANGUE, or DEMY-SANGUE. Half-blood.

D]-JMJZDETAS. In old records. A half or moiety.

DEMIES. In some universities and col-

leges this term is synonymous with "schol- airs."

DEMINUTIO.}} In the civil law. A tak- ‘lug away: loss or deprivation. Sce CAPITIS

DEMINUTID.

DEMISE_ 1;. In conveyancing. To eon- vey or create an estate for years or life: to lease. The usual and operative word in lease “Have granted, deiiiised, and to farm let, and lay these presents do grant. flclllifle, and to farm let." 2 Bl. Comm. 317; 1 Steph. Comm. 476: Cu. Litt. 4511..

DEMISE. 1». In conveyancing. A convey- ance of an estate to another for life, for years, or at will ; most commonly for years; n lease. 1 Stcph. Comm. 475. Voorhces v. Church, 5 How. Prac. (N. Y.) 71; Gilmore V. Hamilton, 83 Ind. 196.

Originally xi posthumous grant: commonly a iease or conveyance for a term of years; sometimes applied to anv conveyance, in fee, for life, or for years. Pub. St. Mass. 1882, p. 1289.

"Demise" is synonymous with "ir-asp" or "let." except that demise em vi termini lmplios a covivnant for title. nnd also a covenant for quiet mjoyment, whereas lease or let implies neither of these covenants. Brown.

The -word is also used as a synonym for "decease" or “death." In England it is especially employed to denote the death of the sovereign.

—Dexnise and redemise. In conveyancing. iiutuul leases made from one paity to another

351

DEMON ETIZATION

on each side, of the some land, or something out of it; as when A. grants a lease to B, at a nominal rent, (as of a pepper corn,) and B. redemises the same property to A, for a shorter

time at a real, suiistnntial rent. Jacoh; Wi1i- shaw.—Demiae of the crown. The natural dissolution of the king is generally so called: nu expression which signifies merely a transfer of property. By demise of the crown we mean only that, in consequence of the disunion of the king's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the rovai dignity remains perpetual. 1 Bl. Comm. 249; Plond. 2.‘ii.—Sevex-.n.1 deinises. In English practice. In the action of ejeotment, it was formerly customary. in case there were any doubt as to the legal estate being in the plaintiff, to insert in the dm |nration several demises from as many different persons; but this was rendered unnecessaiy by the provisions of the conimon—lan procedure acts.—Single demise. A declaration in eject- ment might contain either one demise or several. When it contained only one, it was call- ed a “declaration with a single demise."

ZDEMISI. Lat. I have demised or leased. Demixi, concossi, ct ml fi7‘Ili(l7Il. t‘I‘(L(liII‘i,' have demlsed, granted, and to farm let. The usu- al operative words in ancient leases, as the corresponding English words are in the modern forms. 2 Bl. Comm. 317, 318. Koch v. Hustls, 113 Wis. 5.01). 87 N. W. 834; Kinney v. Watts, 14 Wend. (N. Y.) 40.

DEMISSIO. L. Lot‘ A demise or letting. Chiefiy used in the phrase 0:7: do1iiissiane (on the demise), which formed part of the title of the cause in the old actions of ejectment, where it signified that the nominal plaintiff (a fictitious person) held the estate "on the demise" of, that is, by a lease from, the real plaintiff.

DEMOBILIZATION. In military law. The dismissal of an army or body of troops from active service.

DEMOCRACY. That form of government in which the sovereign power resides in and is exercised by the whole body of tree citizens; as distinguished from a monarchy, aristocracy, or oiigarchy. According to the theory of a pure democracy. every citizen should participate directlv in the business of governing, and the legislative assembly should comprise the whole people. But the ultimate indgment of the sovereignty being the distinguishing feature, the introduction of the representative system does not remove a government from this type. However. :1 government of the lotter kind is sometimes specifically described as a "representative democracy."

H

&

DEMOCRATIC, or or pertaining to de- L

mucracs , or to the vu\‘_z at the dannm:ra\.a_

DEIVIONETIZATION. The disuse of a particular metal for purposes of coiuige The 'Withdi'awai of the value of a metal as money.

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