Page:Black's Law Dictionary (Second Edition).djvu/391

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ground by grant or prescription is obstructed y inciosui-es or other obstacles, or by plowing stress it, by which means he cannot enjoy his right of way, or at least in so coinmouious a Eflldllei as he might have done. 3 Bl. Coniiii.

DISTURBER. If a bishop refuse or negletl. to examine or admit a p.itron's clerk, without reason assigned or notice given, he is Styled a "dlstnrber" by me law, and shall not have any title to present by lapse; for no shall take advantage of his own \il‘UI.ig. 2 Bl. Comm. 278.

{{anchor+|.|DITCH. The words “diI;ch" and “drnin" have no technical or exact meaning. ’1‘hey both may mean :1 hollow space in the ground, nuluriil or nrtiiiclal, \\. here water is collected or passes oft. Goldthwziit v. East Bridge water. 5 Gray (i\i- ) oi; Wetinore v. Fiske, 15 it. 1. 35-1, 5 Atl. 375.

DITES OUSTER. L. Fr. Shy over. The form of an arding a 1'c.s-pmu1¢.as auslcr, in the Year Books, M. 6 Iddw. a i. -19.

DITTAY. In Scotch laiy. A technical term in civil in-W, signifying the matter of charge or ground of indictment aganist a person accused of crime. Taking up vlittuy is obtaining lnformatious and presentnients of

crime in order to trial. Skene, de Verb. Sign; Bell. DIVERS. Various, several, sundry; a

cuilective term grouping a number of unspecified persons, objects, or acts. Coin. v. Butts, 124 Mass. 4'52; State v. Hodgson, 66 \'t. 134, ‘ZS Atl. 1059; Munro v. Alaire, 2 Caines (N. Y.) 326.

DIVERSION. A turning aside or altering the natural course of a thing. The term is chiefly npnhed to the uuaiutliorized changing the course of a water course to the prej- udice of a lower proprietor. Merritt v. Park- er. 1 N. J. Law. 460; Parker v. Griswold, 17 Conn. 299, 42 Am. Dec. 739.

DIVERSITE DES COURTS. A treatise on courts and their jurisdiction, written in Freiich in the reign of Edward III, as is supposed, and by some attributed to h‘itzher- bait. It was first printed in 1525, and again in 1534 Crabb, i‘ g. Law, 330, 483.

DIVERSITY. In CI‘1lI|l]li‘lI pleading. A plea by the prisoner in her of execution, alleging that he is not the same who was attninted. upon which a jury is immediately iinpiinelcd to try the collnterzil issue thus rnised. \iz., the identity of uie iieison, and not 'Wh0i.IlEl‘ he is guilty or innocent, for that has been already decided. 4 Bl. Comm. 396.

DIVERSO INTUITU. Lat. With n. different vieiv, purpose, or design: in a diiferent view or point of view; by a dilliei-cu:



course or process. Comm. 211, note.

I W. B1. 89; 4 Kent,

DIVERSORIUM. In Old English law. A lodging or inn. Townsh. Pl. 38.

DIVERT. To turn aside; to turn out of the way; to alter the course of things. Usu- ally applied to water-courses. Aug. Water- COIIYSES. § 97 et seq. Sometimes to roads. 8 East, 39-}.

DIV]-IS. In the practice of the English Chancery diiisiou, "dives Losts" are costs on the ordinary scale, as opposed to the costs formerly allowed to a successiui pauper suing or delending in fauna puupuis, and which consisted only of his costs out of pociiet. Daiiiell, Uh. Pr. 43.

DIVEST. Equivalent to (1eVI.St, (q. 1:.) DIV]-ISTITIVE FACT. A fact by means ted. terminated. or

extinguished ; l! with the expiration of his lease, and the iigiit of s cieditor is at an end -when his debt has been paid. Hoii. Jur. 132.

Divide et impera, unm radix at vertex impel-ii in obedicntium cnnsensn rats. sunt. -I Inst. 35. Dii ide and govern, since the foundation and cr0\\n of empire ure LS- tablished in the consent of the obedient.

DIVIDEND. A fund to be divided. The share allotted to each of several persons entitled to slinre in a dlnsion of pl'\.aIiLS or property. Thus, dividend may denote a fund set apart by a corporation out of its pioiits, to be apportioned ninong the sliareholdi-is, or the proportional amount failing to each. In Ili1liIil‘1][)[Cy or insoliency practice, a divi- dend is :1 pro1iortion.1l payment to the cred- itors out of the insolvent estate. Suite v. Coiuptroller of St: e, 54 N. J. Law. 1.55, 23 Ati. 122; Trustees of University v. North Caroliini R. Co., 76 N. C. 103, 22 Am. Rep. 671; De Kori.-ii v. Alsop, 2U:') Ill. 301). N. E. 930, (33 L. R. A. 587; Hyatt v. Allen. 56 N. Y. 5.3.3, 15 .\m. Rep. 4-ii); Cary v. Saiiugs Union, 22 W.ill. 38, 22 L. Ed. 771); In re Ft. Wayne Electric Corp. (D. C.) 9-1 Fed. 109; In re Pieiding (D. 0.) 96 Fed. S00.

In old English law. The term denotes one part of an indenture, (q. 1:.)

—Preferred dividend. One paid on the preferred stock of a corporation, :1 diiidcnal paid to one class of shnrchoiiiois in priority to that

pai to another. (‘ii-iI‘1ve i. Railrnai Co, 35 Vt. 129; Taft v Railroad Co., 8 R. I. 310, 5 Am lisp. 54- Scrip dividend. One paid in scrip, or in CL‘l‘lifi("ltos of the DWEIL of a

corresponding aniouni of capital SLUAI of the compnnv tlierenftcr to be is-ivd. l' ili-w v. Itnilrnnrl Co., 22 ‘Vail. 604, -2 L Fil. i_ll— Stnck dividend. One paid in stock, dial is, not in money, but in a proportional number of shares of the capital stock of the cnmp.-iiiy. which is ordinarily increased for this '[)ul]]D.~Ie to a corresponding extent. Kaufman 11. char-