Page:Black's Law Dictionary (Second Edition).djvu/374

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DIANATIC. A logical reasoning In a progressive rnzinner, proceeding from one sub- ject to another. Eric. Loud.

DIARIUM. Dally food, or as much as will sufiice for the dziy. Du Cange.

DIATIM. In old recoi-ds. Dally; day; from d.iy to day. Speiuizin.


DICA. In old English law. A tally for utcuuuts, by number of cuts, (tuill¢v;e.s-,} mnrks. or notches. Cowell. See TALLIA, TALLY.

DICAST. An offic-er in ancient Greece ansii ering in some respects to our juryuiun, but L-ouililniug, on trials hrid before them, the functions of bolli judge and jury. The (Liczists sat together in numbers iarylng, uccording to the importance of the Case, from one to hve hundred.

DICE. Smziii cubes of bone or Ivory, ll.|€II'I\¢.‘(I witii figures or devices on their sev- crnl sides, used In playing certain games of chance. See Wetmore v. State, 553 Ala. 198.

DICTATE. To order or Instruct what is to he said or written. To pronounce, word by cord, what is |J.iedl.It to be written by an-

other-. liiiuiiiton v. liamiiton. 8 l\Ia1't. (N. S.) (La.) 1423. DICTATION. In Lnnisuiiia. this term is

used in a technical sense, iind i.ue.rns to pro- nouuce orally “but is destined to be written at the same time by nnuther. It is used in reference to nuncupntive wills. Prendergast v. Prendergnst, 1u L-.1. Ann. 220, 19 Am. Dec. 575.

DIGTATOR. A magistrate iniested with unlimited] power, and treated in times of national distiess and peril. Among the Ho- innns. he continued in office for six months only, nnd had unlimited power‘ and authority over both the property and lines of the citi- zens.

DICTORES. Arbitrators.

DICTUM. In general. A statement, remark, or oliservatrou. Gratis dictiuu.,- a gratuitous or voluntary repr'esent:1tion; one which 8 party is not bound to iiiaiie. 2 Kent. Comm. 486. Simple: dictum; a mere assertion; an assertion without proof. Bract. E01. 320.

The word is generally used as an ahhrevitiled form of obilor dictum, "a remiirli by the way :" thnt is, an observation or l'EI.l1I|I‘Ii rnude by a judge in pronouncing an opinion upon a cause. concerning some rule, principle. or nppllcntion of law, or the solution of ll question suggested by the case at bar, but not neu .s.H.'11‘IIy l.l.IVUI\l3(I in the case or essential to Its determination; any st-iteineiit of the law enunciated by the court merely by w'iy of lllnstralion, argument, anzilo::i' or suggestion Ste Railroad Co. v. Sihiitte, lU3



U. S. 113. 143. 36 L. Ed 327; In re Wotilrulf (l). C.) 96 Fed. 3l7‘ Iliirt v. Strrlillu 3 F14. 433, I3 South. 455; But-hucr v. lullmd Co.. 60 “is "64, 19 N. n. nu. nut o French, 1 Ari 99, 25 Pnc. 816; an: [.9 Clarke, 3 Nev. SE. ' Uinta, are opinions of a judge which h il. emi-only the resolution or deLermi.niin'un of lb (.‘:‘llIL iind made wiiliout nigiimeui, or [nil HI’: s_ideration of the point, are not the pro!-ind Ililelfille determinations of the juilpc‘ Ill Obitcr dicta .-ire such opinions nirt-it] In ii ay, not upon the point or qu-«Liou nah]. it tuiniiiv aside for the |’_Ill)¢.' lrooi tire um If at the L. e LO collateral suhj ts Hoiiiln I! ineurunce Co., 2 r\. 1'. 47, oh, 2U Am, 51. ’

In old English law. Di(‘lilI1l moan! an arbitrament, or the awnrd of arbitrutois

In French law. The report 01' a J-HI. ment made i-y one of the judges iflio in given It. Poth. Proc. Civil. pt 1, c. 5. art. 2 —Dictum de Keuilworth. "he edi;‘: or decliuatiou of licniiworth. An «Hit or award I)E[\\lUE| King Henry III. nnd iill lb l)ai'ons and others viiio hail hnen in liI‘IflS-W him: and so called I>e(‘&]u.Sl:- it was um}: Ken livorth Castle in IV:irivicl:shire. in tic ty ll‘S[ year of his reign, contniiiing a cu ‘ sition of Eve years’ rent for the lands and 0 [mos of those who had forfeited them in Ihfl rebellion. Blount; 2 Reeve, Eng. Liiiv, (iii.


See Drrfl

DI]-II DICTIO.}} Lat. In Roman I This u.riiie was given to a notice Iironiulgiitol by a m.-igistrnte of his intention to present illl impeachment ugainst :1 citizen before the peo- ple, specifying the day I.i])]JOIlI|t(-‘II, the uiuue of the accused, and the crime charged.

DIEM CLAUSIT EXTREMUM. (Lat. He has closed his last day,—died.) A writ which i'oi'rnerI_v lay on the death of a tennnt in L-wpite. to ascertain the lands or‘ willtii lie died seised, rind reclaim them into the‘| hands. It was directed to the lihig‘s ea- cheators. Fltzli. i\'nr. lirev. 251, K; :1 Howe, Eng. Law,

A writ a\iar'ried out of the esciiequer after the death of a crown debtor, the sheriff being commanded by it to inquire by a jury when and where the crown debtor died, and what chattels, dclits, i1iid liiniis he had at the time of his dccenso and to t.ii:e IIILUI win

them Into the Crown's hands. 4 Steph. Comm. 47, 48. DIES. Lat. A day: days. Diiys for M1-

pezirance In court. Provisions or mainte- nance for a day. The l(ii1g‘s roots were my cieiitly reserved by so niniiy days proiisinu. Spelinnn: Cowell; Bionut.

—Dies a (pin. (The (IIl_\' frniii Much) In [91

civil iniv. The day r'1'oiii| a tl"lnFm1iNl bi-,-ins; the (-oinrm-nri-niunt of ii, the -‘W-1|» M:u.l ,id HABL

sion being the dire ad qiicm.

aw, § 18’ —Dies amoris. A day of four. The nziuio given to the appearance day or the term on the foiii-Lh day, or quarto die port. it wise the i‘..iy givzvn h_\' the fniur and indii.'.

of the court to the |I(‘fl’II|Ifll'IE [or Ills app: ir-