Page:Black's Law Dictionary (Second Edition).djvu/398

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DOMINICUM 390 DOMINUS REX NULLUM HABERE

remains under the lord's immediate charge and control. Spelman.

Property; domain; anything pertaining to a lord. Cowell.

In ecclesiastical law. A church, or any other building consecrated to God. Du Cange

DOMINICUM ANTIQUUM. In old English law. Ancient demcsue. Brnct. £01. 36%.

DOMINIO. Sp. In Spanish law. A

term Lorrcspunding to and derived from the Latin dom1'm'm1i, (q. 1'.) Doi7i«z'm‘o alto. eminelit domain; (loniinio dirct-to. Lmniediate ownership; doiiiinio ulilc. beneficial ownership. liart v. Burnett, 15 Cai. 536.

DOMINION. Ownership, or right to property. 2 Bl. Comm. I. Title to an article of [3I‘Dp(3lU which arises from the now- er of disposition and tile right of claiming it. Bulser v. WestcL-tt. 73 Tex. 129. 11 S. W. 1:27. “The holder has the dominion of the bill.” S East, 57

Sovereignty or lordship: as the dominion of the seas. Moll. de J l'll‘e Mar. 91, 92.

In the civil law, with reference to the title to property which is transferred by a sale of it, dominion is said to be either irzixiiiuite" or "remote." the former lining the kind of title vesting in the purchaser when he has acquired lioth the ownership and the possession of the article, the latter describing the nature of his Lille when he has legitinuiteiy acquired the ownership of the property but there li:is been no de- livery. Coies v. Perry, 7 Tex. 109

DOMINIUM. In the civil and old English law. Ownership: pi-om-rty in the larg- est sense. including hoth the right of prop- erty and the right of possession or use.

The mere right of property, as distinguished from the po..ess1on or usnfruct. Dig. 41, 2, 17. 1; Cl1l\iI’l. The right which 3 lord had in the fee of his tenant. In this sense the word is very clearly distinguished by Bratton from dom1'n'icum.

The estate of a feoffee to uses. “The re- nffecs to use shall have the tlominiu-ni, and

the (‘est-ui qwe use the disposition." Latch. 137. Sovereignty or dominion. Do1ninmmmwr-

is, the sovereignty of the sea.

—Dumi.nium din-eetnm. in the civil law. Sliict ownership: that which was founded on strict _iaw_ as distinguished from equity. in

later law. Property without use: the rig.-ht of a landlord. Tayl. Civil Law. 4'8. in feud- al law. Right or proper owncrsh' the right

of a superior or lornl, as distinguished from that of his uissal or tenant. The title or propeity which lhv sovereign in England is considered as possessing in all the lands of the kingdom. thev being holden either immezlintvlv or med- lateiy of him as lord par'imount.—Dominiui.n directuin at ntile. The complete and absoliiie dominion in property‘ the union of the title and the exclusive us nirfnx v. Hunter, 7 Crunch. 603. 3 L. Fd. 4 inens.- Elninciit 'l(imain.—Domlninm plen- um. Full oivnersliip: the union of the domi- nium dir-ectum with the dominium utile. Toyl.


Civil Law. 47S.—Doi.ninin:m utlle. civii law. Equitable or p1.v.loriiin own that which was founded on equity. l\l

‘V’ In later law.

La , In feudal law. sellllr . ' , the usufruct or Hz): 9 the use and profits of the sci as disting from the dominiimz dirrt-tum. la. 1)..) or mini

ship of the soil itself; the right of a vnsi or tenant. 2 B . Comm. 105.

Dominjnm non potent ease in pentlentl. Lordship cannot he in suspense, i. 0., prop erty cannot remain in abeyance. liaik. Law lllax. 39.

DOMINO VOLENTE. Int. The MCI‘ _ er l\(‘lllg willing; with the consent of 30»

owner. DOMINUS. In feudal and enclesinb tical law. A lord, or feiul.ii s--in-I-in

Iluniinus rrzz, the lord the king; the inn’! title as lord parainount. 1 Bl. Comm. H?) Dom-inns cupitahs, a chief lord. Dmnlmf mr'¢I1‘us, a nicsne or intcrmenlhitc lurd. Domiuus Iii/i'.us, liege lord or suicreigii. Id

Lord or sir: a title of dislinctlou. t u.snall_v (1-noted a hniyziit or derxynian‘, and, according to Coiwli, was sunietlj given to 11 [5BIl[l€1'lli\ll of quaiity. tiinugii not a knight, especially If he nere lord of a manor.

The owner or proprietor of a thing, as distiiiguishcd from him who uses it mu-ei,','. Calvin. A master or principal, as distlr gnished from an agent or attorney. Stun. Ag. § 3.

In the civil law. ly. \‘icat.

A husband. A fami-

Doniinns eapitalis loco hm:-ediu holietux-, qnoties per defectnm val delictnm extingrdtur sanguh uni tenelitis. C0. Litt. 18. The supreme ioid takes the pine or the heir, as often as the hlood of the ten ant is extinct through deficiency or crime.

DOMINUS LITIS. Lat The master of the suit : 2‘. 9., the person who was really and directly l.ntr-rested in the suit as a party as distinguished from his attorney or nrivornte But the term is also applied to one who. though not originally a party, has made him- soit such by Intervention or otherwise, and has assumed entire control and responsibility for one side, and is treated by the court as liable for costs. See In re Stover, 1 Cut. 201, Fed. Cas. No. 13.507.

DOMINUS NAVIS. The owner of a vessel

In the civil lma Dig. 39, 4, 11, 2.

Duminun non mnritabit pupillnm nill lame]. Co. Litt. 9 A lord cannot give a ward in marriage but once.

Domiatna rex nnllnin hahere potest pnrem, multo minus snperiorem. The king cannot have an equal. much less a eu-

perior. 1 Reeve, Eng. Law, 115.