Page:Black's Law Dictionary (Second Edition).djvu/393

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


DIXIEME. Fr. Tenth; the tenth part. On] Mar. lly. 1, tit. 1. art. 9.

In old French law. An income tax pay- able to the crown. Steph. Lect. 359.

D0. Lat. I give. The ancient and optest word of feolfnient mid of gift. 2 Bl. Comm. 310, 316; C0. Litt. 9.

DO, DICO. ADDICO. Lot. I give, I sziy. l ndiudge. Three words used in the Roman i.u\. to express the extent of the civil juris- dl(l,l0lJ of the printer. Du denoted that be [It 4 e or granted actions, exceptions, and judi- ins; dico. that be pronounced judgment; aimim, that he adjudged the controverted pioperty, or the goods of the debtor, etc. to the plaintili. Mackeld. Itom. Law. § 39.

DO, LEGO. Lat. I give. I bequeath; or I give and bequeath. The forin.i1 words of making a bequest or legacy. in the Roman law. Tvilin el Se-lo homl-m,m Stir-lnnii. tlo, lr-yo I give and hequeath to Titins and Seins my man Stichus. Inst. 2, 20. 8, 30 31. The expression is literally retained in modern wilin.

D0 U1‘ DES. Lat. I give that you may give; I five [you] that you may give [me.] A formula in the civil law, constituting a geneinl division under which those contracts [ti-«med "innoi:nin:ite") were classed in which something was _I/ivcn by one party as a consideration for something gift-cu by the other. Dig. 19, 4; Id. 19. 5. 5; 2 Bl. Comm. -1-1-L.

D0 UT FACIAS. Lat. I give that you may do; I give [you] that you may do or make [for me.] A formula in the civil law, under which those contracts were classed in which one party {lime or ngreetl to give money. In consideration the other party did or performed certain work. Dig. 19, 5, 5; 2 Bl. Comm. 444.

Iii this and the foregoing phrase, the con- jiinrtion “ut" is not to be taken as the tech- nhsl means 0! expressing a consideration. In uu: Itoiniin usage. this word imported a mndus. that is, a quztliticntion: while a considemiion u-auw_), was more aptly expi'essed by the word


DDCIMASIA PULMONUM. In medical jurisprudence. The hydrostatic tcst used i-litefly in cases of aileged infanticide to detcmiine whether the child was iioin alive or rleol, which consists in immersion of the fu-nii lungs l.i.\ Waiter. If they hnve neier been inflated they will sinlx, but will float It the child has breathed.

DOCK v. To curtnil or diminish, as to deal; an entail.

DOCK, n. The cage or lncioscd space in a criminiil court where prisoners stand when bl‘Ifl'.'l]1. in for trial.

The splice. in a river or harhor. inclosed between two wharves. City of Boston v. Le-

Bl.Law Dict.(2d Ed.)—25



crew, 17 How. 434. 15 L. Ed. 118; Bingham v. Doane, 9 Ohio. 167.

_"A dock is an artificial basin in connection with a barber used for the reception of ves-

sels in the ta ling on or discharging of their cirgocs,

and provided with gates for pl'0W‘nt— r' c and f‘1ll of the winters occiisiuiipil nd keeping a uniform ieiei unh- Pcrry v. Homes, 191 U. S. 17. 24 Sup. Ct. 8, 43 L Eil. 73.

— A charge at-sins: vcssels for the priiiiege of mooring to the whnri-es or in the slips. People v. Roberts. 92 Cal 6'29. 23 Pat. 699 A pecuniary compensation for the use of a dock wblle a vessel is undergoing rop:urs. lvcs v The Buckeye State. 13 Fed (‘-is. 1-5-1. —Duek-muster. An officer invesl-d with powers within the docks, and a C('l'l“l'n distance therefrom. to direct the moorin,-z and removing of ships. so as to prevent 0i1SllI“ tion to the dock entrances. Muzley & “ll ‘l9\.- Dook wan-ant. In English ll1W. A W(1l'l':ll.|l. given by dnck—o\vncrs to the owner of mor- chzindise imported niid warchonseil on the dork. upon the faith of the bills of l'l(lllJ{:, as n rec - ition of his title to the goods. it is :1 Pull. Port of London.

nego able lnstruinent.

DOCKET. v. To abstract and enter in a book. 3 Bl. Comm. 397. 398. To make 11 brief entry of any proceeding in :1 court of justice In the docket.

DOCKET, n. A minute, abstract, or brief entry: or the hook contiiining such entries. A small piece of paper or iJni'ch- mcnt having the effect of a larger. Blouut.

In practice. A formal record. enter“! in brief, of the proceedings in a court of justlce.

A hook containing an entry in brief of all the illlllortzlnt acts done in court in the conduct of each case. from its inception to its conclusion. Pub. St. Mass. 13 ', p. 1:90

The name of "docket" or "trial docke ' is sometimes given to the list or crilcnilzir of causes set to be tried at a specified teuii. piepzired by the cierks for the nse or the court and bar.

Kinds of doekets. An cpncurance docket is one in which the nppearaiiccs in actions are entered, containing also a brief absunit of the _sucw.=sive steps in each action. A bar dnz-kcl. is an unofficial paper consisting of a tl'i’|l.lI~\.l'l|)t of the docket for ti term of court. 1)lll.IteIl for distiibution to l1l(‘llll'l(-‘l'§ of the h Gitfnrd v. (‘olc. 57 Iowa, 2572. 10 N. W. G72 An ciirion docket is list of the executions sued out or pending in the sheriff's office A judgmzmt dnckct is a list or doiket of the judg- ineuts entered in a given court, mcthndii illy kept by the cleik or other proper officir. open to pnbiic inspcction_ and intmded to :i..ord nmcial notice to inter-"Ila-vd parties of the ex- istcncc or lien of judgments.

——Dacl-xet fee. An i1ttorney's fee, of a ‘red sum. chargeiibic with or as '1 port of the In V. of the action, for the attorney of the -m -sful party; so called l)E("llL'~'(.‘ CllZIl';'eElllF l the docket. not as a ice for makiii: fim“l'rt cu-


trii-s Bank v. Ncill, 13 Mont. l ’.-J I'nc. 130- Goodyear v. Sawyer IC. C.) 17 Fed _‘— Docket. striking 21.. A [)l]1'fiSi‘ Eornieil; H.=i‘d in EIl2lIFh bankruptcy practice It ref:-ri.-,d

to the entry of certain. papers at the bankriipicy oflire preliminary to the pros‘-cution of lhe fiiit against a 1.l'flllBI' who had bci-ome hzinlirnpt. These papers consisted of the allidavit. ilie honrl,