Page:Black's Law Dictionary (Second Edition).djvu/361

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DEMURRER

gued to the court in bone, who gave judgment upon the facts as shown in evidence. ‘ee 3 Bl Comm. 312: Bass v. Rublee, 16 Vt. 395, 57 At]. 906; Pattcsnn v. Ford, 2 Grat. (\'a._)_ 18; Suydarn v. Williamson. 20 How. 436. 1'.) L. Ed. 978: Railroad Co. v l\icAr‘lhur. 43 Miss. 180.-—Demu.rr-er to interrogatories. Where a witness objects to a question pro- pounded (particularly on the taking of :_x deposition) and states his reason for objecting or refusing to answer. it is called a “demurrer to the interrogatm-y,” though the term cannot here be understood as used in its technical ICIJSE.

DEMY SANKE, DEMY SANGUE. Half-blood. A corruption of dmm'-song.

DEN. A valley. Blount. A hollow place among woods. Cowell.

DEN’ AND STROND. In old Dlgilsh law. Liberty for ships or vessels to run aground, or come ashore. Gowell.

DENARIATE. In old English law. As much land as is worth one penny per amium.

DENARII. An ancient general term for any sort or pecunm nmnernzta, or ready mone_v. The French use the word “drnier" in the same sense.—pu1/er do sea pmprea de- Mara.

—Dennril de euritnte. In English law. Customary oblntinns made to a cntllcdril church at Pen[PL'ost.—-Denarii S. Pets-i. (Commonly cnllerl “Peler’s Pence.") An annual payment on St, Peter's [east of a penny from every family to the pope. during the time that the Roman Catholic religion was established in England.

DENARIUS. The chief silver coin among the Romans, worth 8d,; it was the seventh part of a Roman ounce. Also no English penny The denarins was first coined five years before the first Panic war, B. C. 269. in inter times a copper coin was called "de- narius." Smith. DicL Antiq.

—Dennrins Dei. (Lat. “God's penny.") Esr- urst money: money given us a token of the mmplntiou of a bargain. It differs from a/r1-ha in this: that rm-Iuz is a part of the consideration, while the dmmriua D21‘. is no part of it. The latter was given away in charitv: u'henr‘e [be name.--Denarius tertius eomitatfls. In old English law. A third part or penny of the county paid to its earl, the other two parts he lng resened to the crown.

DENIAL. A traverse in the pleading of one party of an allegation of fact set up by the other: :1 defense. See Flack v. O'Brien. 19 ‘disc. Rep. 309, -13 N. Y. Supp. 854; Mott V. Baxter, 29 Colo. 418. 68 Pac. 220.

General and specific. In code pleading, a gem: ' dn, ial is one “llIC]] puts in issue all the on » ml . 'e|’mcnts of the complaint or petition, and permits the defendant to prove any and all facts tending to negative those averments or any of them. Manldin v. Ball. 5 Mont. 96. 1 Pan. 409: Gnode v. Elwood Lodge, 160 Ind. 25]. 66 N. E. 142 A specific denial is I separate denial applicable to one particular allegation of the complaint. Gas Co. v. San

Bl.Law Dict.(2d Ed.)—21

353

DENOMBREMENT

Francisco, 9 Cal. 470: Sands v. Mnciay, 2 §i;zn3t.12‘38; Seward v. Miller. 6 How. Prac. (N.

DENIER. L. Fr. In old English law. Denial; refusal. Denier is when the rent (being demanded upon the land) is not paid. Finch, Law, h. 3. c. 6.

DENIER A DIEU. In Freud: law. Earnest money; :1 sum of money given in token of the completion of a bargain. The phrase is a translation or the Latin Dena/nus Dei, ((1. 12.)

DENIZATION. The act of making one a denizen; the conferring of the privileges of citizenship upon an alien horn. Cro. Jac. 540. See Dnruzl.-:)~I.

D1-INIZE. To make a man a denlzen or citizen. DENIZEN. In English law. A person

who. being an alien born, has obtained, em donations regis, letters patent to mnhe him an English subject,—a. high and lncummnnicable branch of the royal prerogative. A denizen is in a kind of middle state hetu een an alien and a nnturnl-born subject, and partakes of the status of both of these. 1 BL Comm. 374; 1 Coke, 8.

The term is used to signify a person who, be ing an alien h_v birth. has obtained letters patent making him an English subject. The king may denize, but not naturaiize, a man: the latter requiring the consent of parliament as under the naturaiization act, 1870. (33 8: 34 Vict. c. 14) A denizen holds it position li1id\’\'I_V between an alien and anatural-born or nnturnl'zed subject, being able to take lands by purchase or devise. (which an alien could not until 1870 do,) but not able to take isnds by descent, (which a natural-born or naturalized subject mnv do.) Brown.

The word is also used in this sense in South Carolina. See liicclenaghon v. Mc- Clenaghnn, 1 Stroh. Eq. (S. C.) 319, 41 Am. Dec. 532.

A denizen, in the primary, but obsolete, sense of the -word. is a natural-born subject of a country. 00. Lltf. 129:1.

DEN1\1IA.N’S (LORD) ACT. An English statute, for the amendment of the law of evi- dence, (6 & 1 Vict. c. 85,) which provides that no person oliered as a witness shall there- after be excluded by reason of incapacity, from crime or interest, from giving evidence.

DENMAN’S (MIR.) ACT. An English statute, for the amendment of procedure in criminal trials, (28 & 29 Vice. c. 18,) allowing counsel to sum up the evidence ln criminal as in civil trlals, provided the prisoner be defended by counsel.

DENOIVIBREIVIENT. law.

In French feudal A minute or act drawn up. on the

F

G

creation of a lief, containing a description of M