Legal Term Dictionary

In old English law. The reward of an informer. Whishaw.

In old English law. The reward of an informer. Whishaw. Less...

To retard; obstruct; put off; hinder; Interpose obstacles; as, when it is said that a conveyance was made to "hinder and delay creditors." Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176; Ellis v. Valentine, 65 Tex. 532.

To retard; obstruct; put off; hinder; Interpose obstacles; as, when it is said that a conveyance was made to "hinder and delay creditors." Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176; Ellis v. Valentine, 65 Tex. 532. Less...

Lat. Choice of the person. By this term is understood the right of a partner to exercise his choice and preference as to the admission of any new members to the firm, and as to the persons to be so admitted, if any. In Scotch law. The personal preference which More...

Lat. Choice of the person. By this term is understood the right of a partner to exercise his choice and preference as to the admission of any new members to the firm, and as to the persons to be so admitted, if any. In Scotch law. The personal preference which Is supposeu to have been exercised by a landlord in selecting his tenant by the members of a firm in making choice of partners, in the appointment of persons to office, and other cases. Nearly equivalent to personal trust as a doctrine in law. Bell. Dclegata potsstas non potest delegazi. 2 Inst. 597. A delegated power cannot be delegated. Less...

A person who is delegated or commissioned to act in the stead of another ; a person to whom affairs are committed by another; an attorney. A person elected or appointed to be a member of a representative assembly. Usually spoken of one sent to a special or occasional assembly More...

A person who is delegated or commissioned to act in the stead of another ; a person to whom affairs are committed by another; an attorney. A person elected or appointed to be a member of a representative assembly. Usually spoken of one sent to a special or occasional assembly or convention. Manston v. Mcintosh, 58 Minn. 525, 60 N. W. 672, 28 L. R. A. 605. The representative in congress of one of the organized territories of the United States. -Delegates, the high court of. In English law. Formerly the court of appeal from the ecclesiastical and admiralty courts. Abolished upon the judicial committee of the privy council being constituted the court of appeal in such cases. Less...

A sending away; a putting into commission; the assignment of a debt to another: the intrusting another with a general power to act for the good of those who depute him. At common law. The transfer of authority by one person to another; the act of making or commissioning a More...

A sending away; a putting into commission; the assignment of a debt to another: the intrusting another with a general power to act for the good of those who depute him. At common law. The transfer of authority by one person to another; the act of making or commissioning a delegate. The whole body of delegates or representatives sent to a convention or assembly from one district, place, or political unit are collectively spoken of as a "delegation." In the civil law. A species of novation which consists in the change of one debtor for another, when he who is indebted substitutes a third person who obligates himself in his stead to the creditor, so that the first debtor is acquitted and his obligation extinguished, and the creditor contents himself with the obligation of the second debtor. Delegation is essentially distinguished from any other species of novation, in this: that the former demands the consent of all three parties, but the latter that only of the two parties to the new debt. 1 Domat, ? 2318; Adams v. Power, 48 Miss. 454. Delegation is novation effected by the Intervention of another person whom the debtor, in order to be liberated from his creditor, gives to such creditor, or to him whom the creditor appoints; and such person so given becomes obliged to the creditor in the place of the original debtor. Burge, Sur. 173. Delegatus non potest delegare. A delegate cannot delegate: an agent cannot delegate his functions to a subagent without the knowledge or consent of the principal; the person to whom an office or duty is delegated cannot lawfully devolve the duty on another, unless he be expressly authorized so to do. 9 Coke, 77; Broom, Max. 840; 2 Kent, Comm. 633 ; 2 Steph. Comm. 119. Less...

In French marine law. A discharging of ballast (lest) from a vessel.

In French marine law. A discharging of ballast (lest) from a vessel. Less...

In Scotch law. To erase; to strike out.

In Scotch law. To erase; to strike out. Less...

A quarry or mine. 31 Eliz. c. 7. Deliberandum est din qnod statuen- dun est semel. 12 Coke, 74. That which is to be resolved once for all should be long deliberated upon.

A quarry or mine. 31 Eliz. c. 7. Deliberandum est din qnod statuen- dun est semel. 12 Coke, 74. That which is to be resolved once for all should be long deliberated upon. Less...

v. To weigh, ponder, discuss. To examine,- to consult, in order to form an opinion.

v. To weigh, ponder, discuss. To examine,- to consult, in order to form an opinion. Less...

adj. By the use of this word, in describing a crime, the idea is conveyed that the perpetrator weighs the motives for the act and its consequences, the nature of the crime, or other things connected with his intentions, with a view to a decision thereon; that he carefully considers More...

adj. By the use of this word, in describing a crime, the idea is conveyed that the perpetrator weighs the motives for the act and its consequences, the nature of the crime, or other things connected with his intentions, with a view to a decision thereon; that he carefully considers all these; and that the act is not suddenly committed. It implies that the perpetrator must be capable of the exercise of such mental powers as are called into use by deliberation and the consideration and weighing of motives and consequences. State v. Boyle, 28 Iowa, 524. "Deliberation" and "premeditation" are of the same character of mental operations, dif1 fering only in degree. Deliberation is but prolonged premeditation. In other words, in law. deliberation is premeditation in a cool state of the blood, or, where there has been heat of passion, it is premeditation continued beyond the period within which there has been trrve for the blood to cool, in the given case. Deliberation is not only to think of beforehand, which may be but for an instant, but the inclination to do the act is considered, weighed, pondered upon, for such a length of time after a provocation is given as the jury may find was sufficient for the blood to cool. One in a heat of passion may premeditate without deliberating. Deliberation is only exercised in a cool state of the blood, while premeditation may be either in that state of the blood or in the neat of passion. State v. Kotovsky, 74 Mo. 249; State v. Lind-grind, 33 Wash. 440. 74 Pac. 565; State v. Dodds, 54 W. Va. 289. 46 S. E. 228; State v. Fairlamb, 121 Mo. 137, 25 S. W. 895; Milton v. State. 6 Neb. 143; State v. Greenloaf. 71 N. H. 606. 54 Atl. 38; State v. Flske. 63 Conn. 388. 28 Atl. 572; Craft v. State, 3 Kan. 481: State v. Sneed, 91 Mo. 552. 4 S. W. 411; Debney v. State, 45 Neb. 856. 64 N. W. 446, 34 L. R. A. 851; Cannon v. State, 60 Ark. 564. 31 S. W. 150. Less...