Legal Term Dictionary

(Ten. times as much.) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe.

(Ten. times as much.) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe. Less...

In ecclesiastical law. Tenths, or tithes. The tenth part of the annual profit of each living, payable formerly to the pope. There were several valuations made of these livings at different times. The decimal (tenths) were appropriated to the crown, and a new valuation established, by 26 Hen. VIII., c. More...

In ecclesiastical law. Tenths, or tithes. The tenth part of the annual profit of each living, payable formerly to the pope. There were several valuations made of these livings at different times. The decimal (tenths) were appropriated to the crown, and a new valuation established, by 26 Hen. VIII., c. 3. 1 Bl. Comm. 284. See TITHES. Declines debentur paroeho. Tithes are due to the parish priest Decimae de deeimatis solvi non debent. Tithes are not to be paid from that which is given for tithes. DeetmsB de jure divino et eanonioa institutions pertinent ad personam. Dal. 50. Tithes belong to the parson by divine right and canonical institution. DeeinuB nen debent solvi, ubi non est annua renovatio; et en annuatis reno-?antibus simul semel. Cro. Jac. 42. Tithes ought not to be paid where there is not an annual renovation, and from annual renovations once only. Less...

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed "decimatio leaio-nis" by the Romans. Sometimes only the twentieth man was punished, (vicesimatio,) or the hundredth, (centesimatio.)

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed "decimatio leaio-nis" by the Romans. Sometimes only the twentieth man was punished, (vicesimatio,) or the hundredth, (centesimatio.) Less...

A French coin of the value of the tenth part of a franc, or nearly two cents. Deeipi quam fallere est tutius. It is safer to be deceived than to deceive. Lofft 896.

A French coin of the value of the tenth part of a franc, or nearly two cents. Deeipi quam fallere est tutius. It is safer to be deceived than to deceive. Lofft 896. Less...

In practice. A judgment or decree pronounced by a court in settlement of a controversy submitted to it and by way of authoritative answer to the questions raised before it Adams v. Railroad Co., 77 Miss. 194, 24 South. 317, 60 L. R: A. 33; Board of Education v. State, More...

In practice. A judgment or decree pronounced by a court in settlement of a controversy submitted to it and by way of authoritative answer to the questions raised before it Adams v. Railroad Co., 77 Miss. 194, 24 South. 317, 60 L. R: A. 33; Board of Education v. State, 7 Kan. App. 620, 52 Pac. 466; Halbert v. Alford (Tex.) 16 S. W. 814. "Decision" is not synonymous with "opinion." A decision of the court is its judgment ; the opinion is the reasons given' for that judgment. Houston v. Williams, 13 Cal. 27, 73 Am. Dec. 565; Craig v. Bennett, 158 Ind. 9, 62 N. E. 273. Less...

In the civil law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his adversary! which the adversary was bound to accept, or tender the same proposal back again, otherwise the whole More...

In the civil law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his adversary! which the adversary was bound to accept, or tender the same proposal back again, otherwise the whole was taken as confessed by him. Cod. 4, 1, 12. Less...

A person who makes a declaration.

A person who makes a declaration. Less...

In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sections or divisions, called "counts," and its formal parts follow each other More...

In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sections or divisions, called "counts," and its formal parts follow each other in this order: Title, venue, commencement, cause of action, counts, conclusion. The declaration, at common law, answers to the "libel" in ecclesiastical and admiralty law, the "bill" in equity, the "petition" in civil law, the "complaint" In code pleading, and the "countv in real actions. IT. S. v. Ambrose. 108 TJ. S. 336, 2 Sup. Ct. 682. 27 L. Ed. 746; Buckingham v. Murray, 7 Houst. (Del.) 176, 30 Atl. 779; Smith v. Fowle, 12 Wend. (N. 1'.) 10; Railway Co. v. Nugent, 86 Md. 349, 38 Atl. 779, 39 L. R. A. 161. In evidence. An unsworn statement or narration of facts made by a party to the transaction, or by one who has an interest in the existence of the facts recounted. Or a similar statement made by a person since deceased, which is admissible in evidence in some cases, contrary to the general rule, e. g.t a "dying declaration." In practice. The declaration or declaratory part of a judgment, decree, or order is that part which gives the decision or opinion of the court on the question of law In the case. Thus, In an action raising a question as to the construction of a will, the judgment or order declares that, according to the true construction of the will, the plaintiff has become entitled to the residue of the testator's estate, or the like. Sweet In Scotch practice. The statement of a criminal or prisoner, taken before a magistrate. 2 Alis. Crim. Pr. 555. -Declaration of Independence. A formal declaration or announcement, promulgated July 4, 1776; by tbe congress of the United States of America, in the name and behalf of the people of the colonies, asserting and proclaiming their Independence of the British crown, vindicating their pretensions to political autonomy, and announcing themselves to the world as a free and independent nation.-Declaration of intention. A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. Rev. St. ft 2165 (U. S. Comp. St. 1901, p. 1329).-Declaration of Paris. The name given to an agreement announcing four important rules of international law effected between the principal European powers at the Congress of Paris in 1856. These rules are: (1) Privateering is and remains abolished; (2) the neutral flag covers enemy's goods, except contraband of war; (3) neutral goods, except contraband of war, are not liable to confiscation under a hostile flag; (4) blockades, to be binding, must be effective.-Declaration of right. See BILL OF RIGHTS.-Declaration of trust. The act by which the person who holds the legal title to property or an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified purposes. The name is also used to designate the deed or other writing embodying such a declaration. Griffith v. Max-field, 66 Ark. 513. 51 S. W. 832.-Declaration of war. A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists between itself and another nation, and forbidding all persons to aid or assist the enemy.-Dying declarations. Statements made by a person who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in which he received the injuries of which he is dying, or other immediate cause of his death, and in reference to the person who inflicted such injuries or the connection with such injuries of a person who is charged or suspected of having committed them; which statements are admissible in evidence in a trial for homicide where the killing of the declarant is the crime charged to the defendant. Simons v. People, 150 111. 66, 36 N. E. 1019; State v. Trusty, 1 Pennewill (Del.) 319, 40 Atl. 766; State v. Jones, 47 'La. Ann. 1524, 18 South. 515; Bell v. State, 72 Miss. 507, 17 South. 232; People v. Fuhrig, 127 Cal. 412. 59 Pac. 693; State v. Parham, 48 La. Ann. 1309, 20 South. 727. Less...

In Scotch law. An action whereby it is sought to have some right of property, or of status, or other right judicially ascertained and declared. Bell. -Declarator of trust. An action resorted to against a trustee who holds property upon titles c* facie for his own benefit. Bell.

In Scotch law. An action whereby it is sought to have some right of property, or of status, or other right judicially ascertained and declared. Bell. -Declarator of trust. An action resorted to against a trustee who holds property upon titles c* facie for his own benefit. Bell. Less...

Explanatory; designed to fix or elucidate what before was uncertain or doubtful. -Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise called More...

Explanatory; designed to fix or elucidate what before was uncertain or doubtful. -Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise called an "action of declarator."-Declaratory decree. In practice. A binding declaration of right in equity without consequential relief.-Declaratory judgment. A declaratory judgment is one which simply declares the rights of the parties, or expresses the opinion of the court on a question of law, without ordering anything to be done.-Declaratory part of a law. Tnat which clearly defines rights to be observed and wrongs to be escheweu.-Declaratory statute. One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law is in relation to a particular matter. It may either be expressive of the common law, (1 Bl. Comm. 86; Gray v. Bennett 3 Mete. [Mass.] 527;) or may declare what shall be taken to be the true meaning and intention of a previous statute, though in the latter case such enactments are more commonly called "expository statutes." Less...