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

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DRAW

(C. 0.) 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. Wliiuelmgo County State Rnnl: v. Hnstei. 11'? Inwa, 115. 93 N. W. 70; Hawkins v. State. 28 Fla. 303. 9 South. GTE.

In practice. To draw :1 Jury is to select the persons who are to compose it. either by taking their names successively, but at haz- ard. 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 :1 lawful manner. “No money shnll he drawn from the treasury but in consequence of appropriations made by law." Coust. U. S, art 1. § (7. But to "draw awarrnut" is not to draw the money: it is to make or execute the instrument which 2111- thorizes the draning of the money. I’-rown v. Flelsohner. 4 Or. 14.‘).

DRAWBABK. In the customs laws. this term denotes un niimrsuce made by the ,r:nvernuient upon the duties due on imported merciimidise when the importer. instefld of selling it here. re-nrpm-ts it; or the refunding of such duties if already paid. This allowance amounts. in some cases, to the “hole or the original duties; in others. to a part only.

A drawback is a device resorted to for enabling a cumin-ulity affected by tux ' to be exporrcli ‘Ind sold in the for-o'n_:.'n Lu rt on the same terms as if it hnd not been taxed at all. It iiiiirrs in this from a bounty. that the lntter enahles 41 mrun-u-ditr to be sold for loss than its nntnrnl cost. Vihflfe ., a dlnwhuck Ellil'llI‘S it to hr sold u-xactlv nt it. mliurnl mst Downs v. U. S.. 113 Fed. 44. 51 C. C. A. 100


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

397

DRIFT—S'I UFF

DRAWER. The person making a hill or evchnnge and addressing it to the dr-‘men. Stevenson r. Walton. 2 Suledes & M. (Miss) 205; Winnebago County State Bank v. Hustei. 119 Iowa. 115, 93 N. W. 70.

DRAWING. In patent law. A representation of the uppe-lrnuce of u1:1tcri:1l ob- jects by means of lines and marks upon pa- per, c'ir(1-bonrd, or other suiistauce Ampt V. Cincinnati. 8 Ohio Dec ($25.

DRAWLATGHES. Con ell.

Thie\ es: robbers.

DRAYAGE.}} A charge for the transportation of property in wheeled \’(3l.l1('iEfi, such as d1-ays, wagons, and carts. Souie v. S"ill Francisco Gaslight Co., 54 Cal. 242.

DREIT-DR]-SIT. Drnit-droit. Double right. A union of the right of possession and the right of property. 2 Bl. Comm. I99. E

DRENGHES, or DR]-INGES. In Saxon law. Tenants in capite. They are said to he sud: as, at the coming of William the Conqueror. being put out of their estates. were afterwards restored to them. on tbeir F making it appear that they were the true owners thereof, and neither in aumiiio or consiiio against him. Speluian.

DRENGAGE.}} The tenure by which the drenches, or drengzcs. held their lnuds.

DRIFT. In mining law. An underground pnssnge driven hnrizmltnlly alum.’ the Course of a miuc-r:1ii7ed vein or umwnri- nmtoly so. l'\lsi'in:.rnisiied from "shaft." which is nn opening made at the surf-ice and extending downward into the ezuth veriimlly, or nearly so. upon the vein or intended to reach it: and from “iuunel," which is :1 l:\tt-r.1i or lioiiznutnl piissnsze underground intended to roach the ruin or min- l ernl deposit, where drifting: rum‘ iiegin Jur-

-uson r. Diilor. I14 Cal. 401. 46 l"-1c. (H0.

533 Am St. Rt-p. B3.

In old Erigish law. iv of rattle.

—DriftlanI1. drufiand, or dryiland. A J S(lV0ll word. si_emi'\|uy: a mic nl \::'||y phy- uneut made I’-v some l'en!1u.. to the king. 0 their lnudiurils, for drhing their cnttio , a mmmr lu fnirs or markets. Cowrll.—D1-ift of the forest. A view or exnminution of “lint cattle are in a forest. chase. etc.. that a mi» be known whether it he surch:1r:.'i>d or uni: and vlhoso the he-zsfs nrr-. nnd wiirtiior the‘, are i‘ Lnmnnuhie The.-e drifts are made at certain firm-s in the rear by the officers of the forest. when all ("ittie nre driven into some pound or pince inclosenl for the before-nwntioned purposes, and also to discover whrthcr nny cattle of strau_-znrs be there, which ought. not to com- mon. iihuwnml. p. 2. c, ifi.—Driftwny. A road or may nver which cattle are driven. Tnunt. 279. Smith v. Lmid, 41 Me. 314

A driving. especial-


DRIFT-STUIT. This term signifies, not

goods which are the subject of salvage, bntm