Page:Black's Law Dictionary (Second Edition).djvu/406

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DRINCLEAN

matters floating at random, without any liiioun or discoverable ownership, Whldi, if cast ashore, will probably never be reclaim- ed, but will, as a matter of course, accrue to the riparian proprietor. Watson v. Knowles, 13 R. 1. 641.

DRINCLEAN. Sax. A contribution of tcnaiits. in the time of the Saxons, towards a potntion, or ale, provided to entertiiin the lord, or his steward. Cowell. See Can- VISABII. -

DRINKING-SHOP. A place where into\'l('ming liquors are sold. hartered, or de- livered to be drunk on the premises. Port- land v. Schmidt 13 Or. 17. 6 Pac. 221.

DRIP. A species or easement or servitude oblleafing one man to permit the water falling from another man's house to fall upon his own land. 3 Kent, Comm. 436.

DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses. mules, or other animals, or a bicycle. tricycle, or motor car. though not a street railroad car. See Davis v. Petrinovich. 112 Ala. 654. 21 South. 344. 36 L. R. A. 615; Gen. St. Conn. 1902. §203S: Isaacs v. Rail- road C0. 47 N. Y. 122. 7 Am. Rep. 418.

DROFDEN, or DROFDIENNE. A grove nr woody place Wlir-re cattle are kept. Jacob.

DROFLAND. Sax. A quit rent, or year- ly pa_\ nient, formerly niatle by some tenants to the king, or their landlords, for driving their cattle through .1 manor to fairs or markets. Cowell: Biount.

DIIOIT. In French law. I1i;.'lit:. justice. equity, law, the whole body of law; ai- so a right.

This term exhibits the same amblizuity u'iili:-h is iliscoveinliie in the German equiv- l'|l:‘IiL and the English word “riI]h.t." On the one hand, these terms answer to the Roman "ins." and thus indicate law in the alstract. considered as the foinicliition of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content. Taken in this abstract sense, the terms may be adjectives, in which case they are equivalent to “just," or nouns, in which case they may be paraphrased by the expressions "justice." "morality." or “equit_v." On the other hand, they serve to point out 11 right: that is, a power. privilege, faculty, or demand. inherent in one person, and incident upon another. In the latter signification. dim‘! (or room‘ or my/lit) is the correlative of “duty" or "obligation." In the former sense, it may he considered as opposed to wrong. injustice, or the absence of law. Droit has the further ambiguity that it is sometimes used to denote the exist-

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DROIT

ing body of law considered as one whole, or the sum total of a number of individual law: taken together. see Jos: Racirr; RIGIIT.

—Droit d’accessiun. That property which is acquired by making a new species out of the material of another. It is equivalent to the Roman "Epevificatio. — roit (Yaubnine. A rule by which all the property of a deceased foreigner, whether movable or immovable, was confiscated to the use of the state. to the ex- clusion of his heirs, whether cliiiining ab intratato or under a will of the deceased. ' iibnlislied in 1819. Opel v. Shoup. . 407. 69 N. V\'. 560. 37 L. R. A. SS-i.—Droit (Pexecution. The right of a SI'0(‘l(hl'l>k€l‘ to sell the securities bought by him for nctounl: of a client, if the lattrr does not accept delivery thereof. The same expression is also applied to the sale by a stockbroker of securities deposited with him by his client. in order to guaraiity the payment of open tions for Wliiib lhc lnttcr has given instructioiis. Arg. I-‘r. lllcrc. Law. 5.3'T.—Droit de brie. A right forinei-ly claimed by the lords of the coasts of l"(’l"Ifill'l ports of France. to shipwrecks, by which not only the property, but the p sons of those who were cast array. “ere confiscated for the prince who was lord of the coast. Otherwise called “droit de bris aiir Ie -nanfrar,i." This right prevailed chiefly in Ilretagne, and was solemnly abrogated by Henry III, as duke of Normandy, Aquitaine, and (iuienne. in ii charter granted A. D. 1226. preserved among the rolls at Iiol'di=aux.—Dx'oit de gin-de. In feudal law. Right of ward. The guariliauship of the estate and person of a noble vassal. to which the king. du ' ' ' nnrit_\'. nus entitled. Steph Dcct. s(l.—Dx-cit de gite. In 1‘renu-b feudal law. The duty 1- cnnilient on a ratiu-it-r, holding lands within the royal rhuiain, of supplvin-4 board and lnd_:-

ing to the king and to his suite while on I royal progress. Str-ph. Leer. 351.—Droit do gr-effe. In old French law. The right of sell-

inc various offices connected with the custody of jui’|icia.i records or notarial acts. Stepli. Let-1. A privilege of the French kings. —Dro1 de mnitrise. In old French law. A charge payable to the crown by iinv one who. after having s(-rverl his apprenticeship in any commercial guild or brotherhood. sought to becnme a master workman in it on his own ticcoiiiit. Staph. Ineet. 354.—D1'oit de prise. In Frencli teiidal law. The duty tinciirnli-_-nt on a rofi:/ricr) of supplying to the king on cind- it. during a certain period. such articles of domestic consumption as might be required for the royal household. Stepli. Loot. 351.—Dx-oit de quint. In French feudal law. A relief payable by a noble \-assai to the king as his ac‘ neitr. on erery change in the ounership of hi (ief. Stepb. Lcct. 350—Droit de suite. The right of a creditor to puisuc the debtor's property into the bands of third persons fur the enforcement of his claim.-—Dx~oits civils. This phrase in French law denotes private rights. tnc exercise of whit is inalnpcndcnt of the amtua (qmilité) of ci ncn. Foreigners enjoy them: and the extent of that eujoinipnt is detemiined by the principle nf x‘e(‘ipI‘ucitV. Conversely, foreigners may be sued on contracts made by them in France. Brown.—Dx'oit éerit. In French law. (The written la“) The Roman civil law, or ('orp1ia Jnris ('i'vili'a-i_

Stcph. Lt-ct. 130.—Dl'nit international. International law.—Dz-uit maritime. i\liiritime BW.

In old English law. Law; right: a

wilt of l‘l£!lIt. Co. Litt. 1581;.

—Autx'e drnit. The risht of l|i‘l0flJel'.r—I’X‘0it- close. An ancient writ. directeil to the lord of ancient deinesne on behalf of those of his tenants who held their lands and tenements by

charter in fee-simple, in fee-tail, for life, or in