Page:Black's Law Dictionary (Second Edition).djvu/405

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DRAW
397
DRIFT—STUFF

(C. C.) 18 Fed. 114; Railroad Co. v. Daniels. 90 Ga. 608, 17 S. 6-17.

2. A depression in the surface of the earth. in the nature of a shallow ravine or gulch, sometimes many miles in length, forming a channel for the escape of rain and melting snow draining into it from either side. Railroad Co. v. Sutherland, 44 Neb. 526, 62 N. W. 859.

DRAW, v. In old criminal practice. To drag (on a hurdle) to the p;ace of execution Anciently no hurdle was allowed, but the criminal was actually dragged alonq the road to the place of execution. A part of the ancient punishment of traitors was the being thus drawn 4 Bl. Comm. 92. 377.

In mercantile law. To draw a bill of exchange is to write (or cause it to be written) and sign it.

In pleading, conveyancing, etc. To prepare a draft; to compose and write out in due form, as, a deed. complaint. petition. memorial. etc. Winnebago County State Bank v. Hustei. 119 Iowa, 115. 93 N. W. 70; Hawkins v. State. 28 Fla. 303. 9 South. 652.

In practice. To draw a jury is to select the persons who are to compose it, either by taking their names successively, but at hazard, from the jury box, or by summoning them individually to attend the court. Smith v. State, 136 Ala. 1. 34 South. 168.

In fiscal law and administration. To take out money from a hunk. treasury. or other depository in the exercise or a lawful right and in a lawful manner. "No money shall be drawn from the treasury but in consequence of appropriations made by law." Const. U. S, art 1. § (7. But to "draw a warrant" is not to draw the money: it is to make or execute the instrument which authorizes the drawing of the money. Brown v. Flelsohner. 4 Or. 149.

DRAWBACK. In the customs laws this term denotes an allowance made by the government upon the duties due on imported merchandise when the importer instead of selling it here, re-exports it; or the refunding of such duties if already paid. This allowance amounts, in some cases, to the whole or the original duties; in others. to a part only.

A drawback is a device resorted to for enabling a commodity affected by tax to be exported and sold in the foreign market on the same terms as if it had not been taxed at all. It differed in this from a bounty. that the latter enables a commodity to be sold for loss than its natural cost, whereas, a drawback enables it to be sold exactly at its natural cost. Downs v. U. S., 113 Fed. 44, 51 C. C. A. 100

DRAWER. A person to whom a bill of exchange is addressed, and who is requested to pay the amount or money therein mentioned.

DRAWER. The person making a bill or exchange and addressing it to the drawee. Stevenson v. Walton. 2 Smedes & M. (Miss) 265; Winnebago County State Bank v. Hustel. 119 Iowa. 115, 93 N. W. 70.

DRAWING. In patent law. A representation of the appearance of material objects by means of lines and marks upon paper, card-board, or other substance. Ampt V. Cincinnati. 8 Ohio Dec 628.

DRAWLATCHES. Thieves; robbers. Cowell.

DRAYAGE. A charge for the transportation of property in wheeled vehicles, such as drays, wagons, and carts. Soule v. San Francisco Gaslight Co., 54 Cal. 242.

DREIT-DREIT. Droit-droit. Double right. A union of the right of possession and the right of property. 2 Bl. Comm. 199.

DRENGHES, or DRENGES. In Saxon law. Tenants in capite. They are said to be such as, at the coming of William the Conqueror, being put out of their estates. were afterwards restored to them, on their making it appear that they were the true owners thereof, and neither in auxilo or consilio against him. Spelman.

DRENGAGE. The tenure by which the drenches, or drenges, held their lands.

DRIFT. In mining law. An underground passnge driven horizontally along the course of a mineralized vein or approxi- mately so. Distinguished from "shaft." which is an opening made at the surface and extending downward into the earth vertically, or nearly so, upon the vein or intended to reach it: and from "tunnel," which is a latteral or horizontal passage underground intended to reach the vein or mineral deposit, where drifting may begin Jurgenson v. Diiler. 114 Cal. 491, 46 Pac. 610, 533 Am St. Rep. 83.

In old English law. A driving especially of cattle.

—Driftland, driftland, or dryfland. A Saxon word, signifying a tribute or yearly payment made by some tenants to the king. or their landlords, for driving their cattle through a manor to fairs or markets. Cowell.—Drifts of the forest. A view or examination of what cattle are in a forest, chase, etc., that a may be known whether it be surcharged or not and whose the beasts are and whether they are com- monable. These drifts are made at certain times in the year by the officers of the forest. when all cattle are driven into some pound or place inclosed for the before-mentioned purposes, and also to discover whether any cattle of stranger be there, which ought not to common. Manwood. p. 2. c. 15.—Driftway. A road or way over which cattle are driven. Taunt. 279. Smith v. Ladd, 41 Me. 314

DRIFT-STUFF. This term signifies, not goods which are the subject of salvage, but