Page:Black's Law Dictionary (Second Edition).djvu/394

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and the petition of the creditor, and their ob- ject was to obtain from the lord chancellor his flat, authorizing the petitioner to prosecute his complaint against the bankrupt in the bank- uiplcy courts. Brown.

DOCTOR. A learned man; one qualified to give instruction of the higher order in a St'lt'llL‘e or art; particularly, one who has received the highest acndemicai degree in his art or faculty, as, a doctor or laws, medicine, or theology. In colloquial language. how- e\ or, the term is practically restricted to practitioners of medicine Harrison v. State. 102 Ala. I70, 15 South. 563; State v. NC- linight, 131 N. C. 717, 42 S. E. 580. 59 L. R. A. 187.

This term means. simply, practitioner of phy- sic_ without respect to system pursued. A certificate of a homcepathic physician is a “doctor's certificate." Corsi v. Maretzek. 4 E. D. Smith (N. Y.) 1

DOCTOR AND STUDENT. The title of a work written by St. Geimain in the reign of Henry VIII. in which many principles of the common law are discussed in a popular manner. It is in the form of a dialogue between a doctor of divinity and a student in law, and has always been considered It book of merit and authority. 1 Kent, Comm. 504; Crabb, Eng. Law. 482.

DOCTORS‘ COMMONS. All institution near St. Paul's Churchyard, in London, where, for a ioiig time previous to 1557, the ecclesiastical and admiralty courts used to he held.

DOCTRINE. A rule, principle, theory, or tenet of the law: as, the doctrine of merger, the doctrine of relation, etc

Doctrinal interpretation. See 1N'rEiz- PKETATION. DOCUMENT. An instrument on which

is recorded, by means of ietters, figures, or marks, matter which may be evidenti.-iliy used. In this sense the term "dlJL‘l1iJ.ieIit" uppiles to writings: to words printed, lithographed, or piiotogripiied; to seziis, plates, or stones on winch inscriptions are cut or en- graved: to photographs and pictures; to maps and plans. Ihc inscription may be on stone or geius, or on wood, as well as on paper or parchment. I Whart. Ev. § 614; Johnson Steel Street-[tail Co. v. North Brantii Steel Co. (C. C.) 48 Fed. 194; Arnold 18 R. I. 155), 26 Atl. 53, 19 Hayden v. Van Cortlziudt, 84 I_lun, 150, 32 N. Y. Supp. 507.

in the plural, the deeds, agreements. title papers, letters, receipts, and other written instruments used to prove a fact‘.

In the civil law. Evidence delivered in the forms established by law, of whatever nature such evidence may be. The term is, however, applied principally to the testimony of witnesses. Siiv. Dr. Rom. § 165. —Ancient documents. Deeds, wills, and other writings more than thirty years old are



so called; they are presumed to be genuine without express proof, when coming from the proper custody.—Fo1-elgn document. 0: which was '[)l‘C]).u‘e(l or executed in, or thin comes from, a toreign state or country —-Jniiiciul documents. Proceedings relating to lil- gation. They are divided into (I) judgrwiui. decrees, and vcrdicm. (2) depositions, examinations, and inquisitions taken in the coin of a legal process; (3) writs, warrants,

ings. etc., which are incident to any in Phil proceedings. See ] Starlsie, Ev. 25 —Public document. A state paper, or other manu- meul of public importance or interest, issued Oi published by authority of congress or a s legislature. Also any document or record, ili~ dencing or connected with the public busmeu or the administration of public affairs. preserved in or issued by any department of the government. See Hnmmatt v. Emerson. 2'.’ ilie 335, 46 Am Dec. 59S.—DocI|mi-;nta.ry evi- dence. Such evidence as is furnished by util- teu instruments, inscriptions. documnnls of all kinds, and also any inanimate llll]Et'lS iidnb sibie for the purpose, as tlistinguishetl from '‘oral’’ evidence, or that delivered by human bsings viva voce.

DODRANS. Lat. In Roman law. A subdiiision of the as, containing nine ucnitr; the proportion of nine-twelfths, or thrce-tourths. 2 Bl. Comm. 462, note.

DOE, JOHN. The name of the fictitious plaintiff in the action of ejectment. 3Stepb. Comm. 618.

DOED-BANA. In Saton law. uni perpetrator of a homicide.

The ac!

DOER. In Scotch Il1w. torney. J Kames. Eq. 32 .

An agent or at-

DOG-DRAW. In old forest lliw. The manifest deprchension of an ottender agnim venison in a forest, when he was fcunl draining after a deer by the scent of a hound led in his hand; or where a person hm! wounded a deer or wild beast, by shootisx at him, or otherwise, and was caught with a dog drawing after him to receive the same Mamvood. Forest Law, 2, c. 8.

DOG-LATIN. The Latin or liilicmte peisnnsz latin words put together on tin English grainmatical system.

DOGGER. In maritime law. A light ship or vessel; dagger-fish, fish brought in ships. Corweli.

DOGGER-MEN. to (logger-ships.

Fishermen that belml

DOGMA. In the civil law. A word occasionally used as descripti\'e of an ordi- nance of the senate. See Nov. 2, 1. 1; Dig. 27, 1, 6.

DOING. The fornuil word by which arm ices u ere reserved and e\'pl‘esse(l in old now reynilcesz as "rentlering" (rcddrmlu) Wit‘ expressive of rent. Perk. c. 10. §§ 6'33, (3:35.