Page:Black's Law Dictionary (Second Edition).djvu/370

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DESTROY hope of recovery by ordinary means. U. S. 7. Johns. 26 Fed. Oils. 613.

In relation to wills, contracts, and other documents, the tcim “destioy" does not import the annihilation of the instrument or its resoiution into other forms of m.itter_ hut a destruction of its legal etficncy, which may he by cancellation, ohliteriting. te.i1ing into frrigiueiits. etc. ADDP1l of Evans. 55 Pa. 244; Allen v. Stite Punk. :31 N. C. 12; In re G.‘lI\.,'\\ cnfs Esl ire. 14 Pa. 417. 53 Am Dec. 554; Johnsmi v Bmllsford. 2 Non: & l\icC. (S. C. 10 Am Dec. 601.

DESTRUCTION. A term used in old English law, generally in connection with waste, and having, according to some, the same meaning. 1 Reeve, Fug. Law. 3\z'i; 3 Bl. Comm. 223. Britton, however. makes I1 distinction between waste of “D0113 and destruction of houses. Britt. c. liti.

DESUBITO. To we:iry a person with continual iiairisings, and then to iiite; spoken of dogs. Leg Alured. 26, cited in Cunning- hal11‘I= Dict.

DESUETUDE. Disiise: cessation or discoutinuimce of use Applied to obsolete statutes. James v. Comm.. 12 S:-rg. 8; )1. (Pa) 227.

DETACI-IIARE. To seize or take into custody another s goods or person.

DETAINER. The act (or the juridicni tacti of uiiliholding from a poison lawfully cutitlerl the possession of land or goods; or the i-i-sti-aint of a man‘s personal liberty against his will.

The wrongful keeping of ti pr-rsnn‘s goods is called an "unlauful detainer” iiithough the orig- inal taking may have been lawful. As, if one distrains nnother's r-ittlx-. damage formant, and before they are impound:-ti the owner lcntlcrs suifieient iimcnds; now. tiiuugb the oii 'n_:\i tsh ing “us inn-fr-i, the suhsrqiignt (i(‘[q‘lIUOD of them after tender of amends is not lawful, and the owner has an action of repievin to recover them. in which he will rccoier flamages for the rlrimatioii, and not for the captinii. bccmise the (ru_'i8-,;inai taking was luufnl. 3 Slcph. Comm. .i-1 .

In practice. A writ or instrument, issued or made by :1 comlieteut officer, authorizing the Lceper of :1 prison to keep in his custodv a person therein named. A detnluer may be lodged against one within the iv-ills or a prison. on what account soeicr he is there. Com. Dig. “Process," E. (3 B.) This writ was supeisedeci by 1 & 2 Vict. c. 110, 55 1, 2.

For-cilile detniiier. See that title.

DETAINMENT. This term is used in policies of marine insui-ante. in the cleiuse relating: to "arrests. restraints, and detainments." The last two words are construed as equivalents. each meaning the effect of superior force operating directly on the ves-

362

DET iN UE

sei. Schmidt v. 1IiSl11‘fll’lL‘4" Co., 1 Johns. (No X.) 262 3 Am. Dec. 319; Brmliie v P1!- nncc Co.. 12 Pet. 402. 9 L. Fd. 112.3, Rimj v. Insnr-iuce Cn., Duii. Low (S. C.) ‘Z42.

DETENTIO.}} In the civil law. That Q; dition of fact under which one can. exu-elm his power over 11 corporeal thing a his pleasure. to the exclus on of till ulllers. It forms the suiistiiuce of possession in all it!

varieties. liiackeld. Rom. Law, §23“« DETENTION. The act or 'kee[Ii7i'E M3

or withholding, eltiicr accidentally or L1 fly sign, a person or thing he Di=:rzu sun. --Detention in a reforuintory, as E prirflly meut or Lni--isure of prevention, is \-.'h(-i'c il )4- \-cnile oilcnder is sentenced to be mm In a reformntory school. to be there dot and a certain period of time. 1 Russ. cl'ilJ:i‘.‘S, .

DETI-IRMINABLE. That which may cease or determine upon the liiim-eiilxig of a certain contingency. 2 Bl. Comm. 121,

As to determinable “Fee" and “FreelinlfL" see those titles.

DETERMINATE. That which is ascertained: what is particularly deSi];l1i]tl-l(l.

DETERMINATION. The decision of ii court of justice Shirley v. Bitch, 16 CL 1. 18 Rio. 3+1; Hcnzn-ie v. Railroad Co. 15-i N. Y. 273, 48 N. E. 525. The ending or en- pir'itiou of an esi'.'1te or interest in property. or of a right, pouer, or authority.

To come to an end To 2 Bl. Comm. 121; 1 Waslib.

DETERMINE. bring to an end. Iieul Prop. 380.

DETESTATIO.}} Lat. In the civil law. A suninioulng made, or notice given, in msprcseuce of uituesses, (dr'm1.n1iatio fuctu mm

tcsluliurie.) Dig. 50. 16, 40.

DETINET. Lat. He. delains. In old English law. A species of action of debt. which lay for the specific I‘e(‘0\Ely of goat. under a contract to deliver them. 1 Reevn Eng. Law, 159. ,

In pleading. An action or debt is said to

he in the duiiict when it is alleged niend; that the defendant ultholds or unjustly & taius from the plnlntlif the thing or amount deni.uided.

An action of repleviav is said to be in the delinet when the defendant retains possession of the property until after judgment III the action. Bull. N. P. :32: Chit. Pl. 145.

DETINU]-1. in practice. A form of an tion which lies for the recovery. in spa-ic. of personal chattels from one who acqukcl possession of them lawflilly, but l'i‘h'iiliS it wliiinut right. together with dauinges for lb! detention. 3 Bl. Comm. 132’. Sinnoit v. Feiock, 1G5 N. Y. 444, 59 N. E. 2115. 53 L. R. ‘L

2') . S0 Am. St. Rep. 756; Penny v. DEVI.