Page:Black's Law Dictionary (Second Edition).djvu/399

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DOMITÆ. Lat. Tame; domesticated. not wild. Applied to domestic animals, in which a man may have an absoiute Droverty. 2 Bl. Comm. 391.


In French

DOMO REPARANDA. A Writ that in!’ for one against his neighbor, by the anticl- pared fali of whose house he feared a dam- age and injury to his arm. Reg. Orig. 153.

DOMUS. Lat. In the civil and old English law. A house or dwelling; a habita- Iion. inst. 4. 4, S: Towush. I'l. 1S3—1S5. nennet v. Bitlle, 4 Rawie (I'a.) W.

—Domus nnpitnlaris. In old records. A cl.ulpu=r-house; the 1-l)a|JLer-housu. Dyer, 26b. — mus conversux-nm. An ancient house built or nppoiurted by lung l'lrnr_v III_, for such Jews as were converted to the Christian faith; but King: Edward III., who expelled the Jews from the kingdom. deputed the place for the custody of the rolis and records of the clam- cery. Jac(Ib.—Domus Dei. The house 05 God: a name uppliul to many hospitals and religious houses.—Dumns mansionalis. A mansion house. 1 a ' . ‘. 558: State v. l’-rooks, 4 Conn. 44in. State v. SuIclilIe. 4 Struh. (S. C.) 3Tii.—Dor.nns procex-urn. The lboualze of lords, abbreviated into Dom. Pruc., or .

Doxnnl ma unique est tntiasimnm refnginxn. To e\ery man his own house is his ';.1I‘est refuge. 5 Coke. 911;; 11 Coke ’; 3 ‘List. 162. The house of every one is to ilim as his castle and fortress, as Well for his defense against injury and violence as for his repose. 5 Coke. 911;; Say. 221; Broom, Max. 432. A man's dwelling-house is his castle, not for his own personal plotec-Lion merely, but also for the protection or his fnunly and his property therein. Curtis v. lluhhard, 4 Hill (N. Y.) 437.

Doxnus tutissimnm cniqne refug-inn: ntqna receptacnlnm sit. -X man's house should be his safest refuge and shelter. A nulxim of the Roman law. Dig. 2, 4, 13.

Donn clandestina aunt semper rnspl. ciosn. 3 Core, 81. Clandestine gifts are al- ways suspicions.

Dona!-1 videhlr, quad nullo jnre cogente conceditnr. Dig. 50, 17, S2. A thing is said to be given when it is yielded other- wise than by virtue of right.

DONATARIUS. A douee: one to whom something is given.

DONATIO.}} Lat. A gift. A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which tile owner of a thing voiuntnrily transfers the title and possession of the same from himself to another person, Without any consldeiation.

ils literal translation. rift" has acquired in real law 3 more limited mealfing, being up-



plied to the conveyance of estatr-s tail. 2 Bl (‘_omm. 316: Littlelon, § 50; West, Symb. 5 3:4: 4 CnIise_ Dig. 51. _ Classification. By the civil law (adopted Into l_h(> Enplish and American inn) donations are mlli_er inter v1'l7o.v (hrtn-,-on il\'il ' persons) or mm-tm canal: (in anticiplllilm of do:nli.I As to these forms, see infra. darmtiu or gill, as boliu-an living persons is culled Ilunnfio mum or pwra when it is xv. simple ifl: v.ili.Inu( cumpulsinn or consideration. that , resting solely on the genorasitv of the donor, as in the vase of most clm_rir.alile gifts. it is rallmi douolio rt'r::u)leratv:na when gi\en as a rewind for past Sl’l'\'l(‘(’S, but still not under any legal compul- sion, as in the case of pensions and land-grzmts. It is called dmmtiu sub mode (or modulis) when g'lVPn for the attainment of some spcciai obiect or on condition that the dont-e shall do something not special] for the benr-fit of the donor. as in the case 0 the endowment of hospitnls, coiiogcs. etc., coupled with the condition that they shnii be established and maintninnl. Mack-

. om. Law, § 461%: Fisk s. l-‘lures. -13 Tax. 340; Noe v. Card, 14 Cal. 570 The following terms are also used: Donatio camliIion.- (His, a conditional gift; dmwlia retain, a gift made with reference to some serrire airs:-nd_v done. (Fisk v. Flores, 43 Tax 340:) dannlia shit-la et coarcturu, a rnstriu ted gift, as an estale rsii. —Dnnatio inofficinsa. An inolilicious (undutiiul) gift; a gift of so great a part of the dnn- or's property that the bililnisilt portion of his he s is diminisln=rl \inck(=i(l. Rom. Law_ § 40!). -—Donatio inter vlvos. A girl hetnpcn the living. The ordinary kind of gift by one person to another. Kent. Comm. 438: ‘ Staph. Comm. 102. term derived from the civil law. inst. 2. 7. 2. A donation infer viva: lbetween iilinc 'pPl'S0nS) is an act by which the donee diuxsts himself at present and irnavorahlv of the thing given in favor of the don:-v who nocepts it. \"iv. Code La. art. 1-H18-Donntio mortis cailsa. A gift made by a norson in sickness, who, apprehending his dissolution ncar. delivers, or causes to be drlivere:l_ to am- other the possession of any personal goods to keep as his own in case of the donor's (int . so 2 Bl Comm. 514 The civil law delinns it to be a gift under npprchonsion of Iimllh: as whrn anything is given upon condition that if the donor dies, the donee shall possess it ab- solute-lv, or return it if the donor should sur- vive or should repent of having made the sift. or if the doneo should die before the donor. Adams v. Nicholas. 1 Miles [Pal 109-l i7. A gift in view of death is one which is made in contemplation. fear, or peril of rlualh, aml nith intent that ii. shall take effect oni_v in (‘ass of the death of the l-’i\'l’l'- Oi». Codi‘ Pal. 5 114‘). A donation mariis mum: (in ]'lrm~.pP(‘t of dmlh) is an net to take effect when [he alo- nor shall no longer exist, h_v which he dlS[)O.<z‘S of the “hole or a part of his properlv, and which is irrevor-able. (‘iv. (‘ode La art. HGD. —Dunatio prapter nnptian. A gift on arronnt of marriage. In Roman ion’, the bridc-groom's gift to the bride in antipicarion of marri1,t:c and to secure her do: was Mllnd “dm1nt1'a an-tr 1'l«u,]:lv'a.x,"’ but by an ordinance of Justinian sud: gift might be marle nflrr us well as lmfore marriage, and in that (use it was coiled “dmu1t1'o proplcr nuptias." lilnckeid. Rom. Law. § 572.

Donatio non prmsumitnr. presumed. Jenk. (knt. 109.

A gilt is not

Donatio perficltnr possessione acci- ylentis. A gift is perfected [made complete] by the possession of the receiver Jeulr. Cent. 109, case 9. A gift is incomplete until pussession is delivered. 2 Kent, Comm. 43$