Page:Black's Law Dictionary (Second Edition).djvu/362

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DENOMINATIO FIERI DEBET 3

the fief, and all the rights and incidents be- longing to it. Guyot, Inst. Feud. c. 3.

Denoininntio fie:-i debet a dignioribul. Deuouuination should be made from the more worthy.

DENOUNCE. An act or thing is “de- nounu. " when the law declares it a crime and prescribes a punishment for it. State v. De Hart, 109 La. 570, 33 South. 605. The word is also used (not technically but popu- larly) as the equivalent of “nccuse" or "in- form against."

DENOUNCEMENT. In Spanish and Mexican law. A denounceinent was a ju- dicial proceeding, and, though real property mlgbi he acquired by an nlien in fraud of the law.—that is, without observing its re- quiremenls,—he ne\ ertheiess retained his right and title to it, but was liable to be deprived of it by the proper proceeding of de- nouncemeut, which in its substantive char- acteristics was equixalcnt to the inquest of office found, at common law. De Merle v. Mathews, 26 Cal. 477.

The "denouncenncut of a new work" is a proceeding to obtain an order of court. in the nature of an injunction, against the construction of a new building or other work, nhich, ii‘ completed, would injuriously affect the pluintii1"s property. You SCliLIJ.i(lC v. Huntington. 1 Cal. 55.

In Mexican mining law. Denouncement is an application to the authorities for a £".l‘.'lllt of the right to Work a mine, either on the ground of new discovery, or on the ground of forfeiture of the rights of a former owner, through abandonment or contra- vention of the mining law. Cent. Dict. See (‘asiillero v. U. S., 2 Black, 109, 17 L. Ed. 360.

DENSHIRING OF LAND. (Otherwise called "burn-heating.") A method of improving land by casting parlngs of earth. turi', and stubble into heaps, which when dried are burned into ashes for a compost. Gowell.

DENUMERATION. The act of present pug merit.

DENUNCIA DE OBRA NUEVA. In Spanish law. The denouncement of a new work; being a proceeding to restrain the erection of some new work, as, for instance, a building which may, if completed. intu- rionsly aifect the property of the complainant; lt is of :1 character similar to the interdicts of possession. Eseriche; \on Schmidt v. Huntington, 1 Cal. 63.

DENUNCIATION. In the civil law. The act by which an individual informs a

5

4 DEPARTURE public officer, whose duty it is to presume otfendeis, that a crime has been coxun1itte<L

In. Scotch practice. The act by which a person is declared to be a rebel, who has dis-ohcged the charge given on lettsrs oi horning. Bell.

DENUNTIATIO.}} In old English law. A public notice or summons. Bract. 2M0.

DEODAND. (L. Lat. Den dandum, I thing to be given to God) in English law. Any personal chattel which was the innuedlate occasion of the death of any reasonable creature, and which was forfeited to the crown to be applied to 1Jv'ou.s uses. nnrl distributed in aims by the high alnioncr. 1 Hale, P. C. 419; Ficta. lib. 1. C. 25; 1 Bi. Comm. 300; 2 Steph. Comm. 365.

DEOR HEDGE. In old English law. The hedge inclosing a deer park

DEPART. In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See De- eamuns.

In maritime law. To leave a port; to be out of a port To depart imports more than to sail, or set sail. A wnrri1ut_v in a policy that a vessel shall dcprbrt on or before a particular day is a wurranty not onlytlnt she shall sail, but that she shall be out -4‘ the port on or before that day. 3 Maule & S. 461; 3 Keni, Comm. 307, note. “To depart" does not mean merely to break ground, bnt fairly to set forward upon the vomge Moir v. Assnr. Co., 6 Taunt. 241. Young v. The Orpheus. 119 Mass. 185; The Helen Brown (D. C.) 23 Fed. 111.

DEPARTMENT. 1. One of the territo- rial divisions of :1 country. The term is c1u'cfl_v nsed in this sense in France, where the dliision of the Country into department" is somewhat analogous. both tci'i'lt0i‘iIlll) and for government-1i purposes, to the divl slon of an American state into counties

2. One of the divisions of the executive branch of government. Used in this sense in the United States, where each depart- ment is charged with a specific class of duties, and comprises an organized stat? of oilicials; 0. g., the department of state. xicp.irt~ ment of war, etc.

DEPARTURE. In maritime law. A deviation from the course prescribed in the pollcy of insurance.

In pleading. The statement of matter in a replication. rejoinder, or subsequent. pleading, as a cause of action or (info: »c, which is not pursuant to the previous pleading of the same party, and whit-1.1 does not supporl and furtifv it. 2 Williams. Sauud. 9411, mm

1; 2 Wiis. 98; Go. Litt. 304:2; Roiinay Co.