Page:Black's Law Dictionary (Second Edition).djvu/395

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DOITKIN

DOITKIN, or DOIT. A base coin of small value, prohibited by St. 3 Hen. V. c. 1. We still retain the phrase. in the com- mon saying, when we would undervalue a man. that he is not worth a doit. Jacob.

DOLE. A part or portion of a meadow is so called: and the word has the general signification of share. portion, or the like; as “to dole out" anything among so many poor persons, meaning to deai or distribute in portions to them. Holthouse.

In Scotch law. Criminal intent; design. Bell, Dict voc. "Crime."

evil

DOLES, or DOOLS. Slips at pasture left betueen the furrows of plowed land.

DOLG. Sax. A wound. Spelnlan.

DOLG-BOTE. A recompense for a scar or sound. Cowell.

DOLI. Lat. See Dotns.

DOLLAR. The unit employed in the United States in calculating money values. It is coined both in goid and silver, and is of the value of one hundred cents.

DOLO. In Spanish law. Bad or mischu-vous deslga. White, New Recap. b. 1. tit. 1, c. 1, § 3.

Dolo fault qul petit quad reddlturas eat. He acts with guile who demands that which he will have to return. Broom. Max. 846.

Doln malo pactmm as non servatnram. Dig. 2, 14. 7, § 9. An agreement induced by fraud cannot stand.

Dolosns versatur in gene:-nllbnl. A person intending to deceive deals in general terms. Wing. Max. 626: 2 Cake, 34a; 6 Clark 5: F. (390; Broom, Max. 289.

Dolnm ex indiciil perlpicnls probarl convcnit. Fraud should be proved by clear ml.-ens. Code, 2, 21, 6; 1 Story, Cunt. § 625

DOLTIS. In the civil law. Guile; deceitfulncss; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. I)i_-.5. 4, 3, 1. Any subtle contriv- nuce by \vords or acts with a design to cirru-urent. 2 Kent, Comm. 560: Code, 2. 21.

Such zuts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (ma.lu.s animus)

or not. Poth. Trnité de DC-pfit, un. 23, 27; Story, Bailm. § 20a; 2 Kent, Comm. 506. note.

Fraud, wlllfulness, or lntentionality. In that use it is opposed to culpa, which is

387

DOMAIN

negligence merely, in greater or less degree. The policy of the law may souictiuies treat extreme culpa as it it were dolus, upon the maxim culpa doln com1:m'n.tur A person is always liable for dol-us producing damage, but not always for culpa producing dan1 ige. even though extreme, e. 0., a depositary is only liable for dolua, and not for negligence. Brown.

—Do1ns bonus, dalua malus. In a, wide sense, the Roman law ' tinzuislies beturrn “good," or rather "permissible" dolns and "bad" or fraudulent dolua. The former is justifiable or allowable deceit: it is that nbich a man mav employ in an-it-defense against an unlawful attack, or for another permissibie purpose, as when one disscmbles the truth to prevent a lunatic from injuring himselt or others. The iatter exists where one intentionally axislr-ads another or takes advantage of unother's ell‘0l' wrongfully, by any four: of deception. fraud. or chentimz. Mackeld. Rom Law, § 17‘); Bnmni, Max. 349: 2 Kent. Comm. 560. notc.—Dolns dans locum cont:-aehnl. l"raIul (or (let-cit) gixinz rise to the contract; that is, a fraudu- lent misrepresentation mode by one of the partics to the contract, and relied upon by the other, and which was actually instrumental in indm-iuy: the latter to enter into the contrm-t.—Doli. capax. Capable of malice or criminal intention: having sufficient discretion and inI'clli:zs-are to distinszuish be‘-twcen right and wrong, and so to become amenable lo the criminal laws—Doll incapax. lnmpable of criminal intention or malice; not of the acr- cf discretion: not possessed of sufficient (liscrctinn and intelligence to distinguish between right and wrong to the extent of being criminally responsible for his actions.

Dolua nuctnrls non nocet snncalsori. The fraud of a predecessor prejudices not his successor.

Dolns eircnltu non par-gatur. Fraud is not purged by circuity. Bac. Max. 4; Broom, Max. 228.

Dolus est machinatio, cum aliud dislimlllat Blilld agit. I/one, 47. Deceit is an artifice. since it pretends one thing and docs another.

Dolns et fr-ans nemlnl patraclnentur, (patrocinm-i debent.) Deceit and fr-Ind shall excuse or benefit no man. Yearb. l4 lleu. VIII. 8: Best. nv. p. 409. § 428; 1 Story. Eq. Jur. § 395.

Dolus latet in generalibus. Fraud lurks in generalities. Tray. lat. Max. 162.

Dolus versntur in gcnlsrnlibus. Fraud deals in generalities. 2 Coke, 3411; 3 Coke, bin.

DOM. PROC. An abbreviation of Do- mus PiOPCl‘illFl or Damn l'rt7c('rmn,; the house of lords in Eu-giand. Sometimes expressed by the letters D. P.

DOMAIN. The complete and absolute ownership of land; a paramount and individual right of property in land. People v. Shearer. 30 Cal. 658. Also the real as-

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