Blacks Law Dict. 1st ed

DANGERS OF THE EOAD

DATION EN PA1EMENT

318

DANGERS OP THE ROAD. This phrase, in a bill of lading, when it refers to inland transportation, means such dangers as are immediately caused by roads, as the overturning of carriages in rough and pre cipitous places. 7 Exch. 743. DANGERS OP THE SEA. The ex pression "dangers of the sea" means those accidents peculiar to navigation that are of an extraordinary nature, or arise from irre sistible force or overwhelming power, which cannot be guarded against by the ordinary exertions of human skill and prudence. 32 J. Law, 320. The expression is equivocal. It is capable of be ing interpreted to mean all dangers that arise upon the seas; or may be restricted to perils which arise directly and exclusively from the sea, or of Which it is the efficient cause. In insurance poli cies, it may have the wider meaning; but in char ter-parties, an exception, introduced to limit the obligation of the charterer to return the vessel, of dangers of the seas, should be construed, since the charterer has possession, against him, and con fined to the limited sense. Thus construed, it does not include destruction of the vessel by fire. 3 Ware, 215, 2 Curt. 8. DANISM. The act of lending money on usury. DANO. In Spanish law. Damage; the deterioration, injury, or destruction which a man suffers with respect to his person or his property by the fault (culpa) of another. White, New Recop. b. 2, tit. 19, c. 3, § 1. Dans et retinens, nihil dat. One who gives and yet retains does not give effectual ly. Tray. Lat. Max. 129. Or, one who gives, yet retains, [possession,] gives nothing. DAPIFER. A steward either of a king or lord. Spelman. DARE. In the civil law. To transfer property. When this transfer is made in or der to discharge a debt, it is datio sotvendi animo; when in order to receive an equiva lent, to create an obligation, it is datio con trahendi animo; lastly, when made donandi animo, from mere liberality, it is a gift, dono datio. DARE AD REMANENTIAM. To give away in fee, or forever. DARRAIGN. To clear a legal account; to answer an accusation; to settle a contro versy. DARREIN. L. Fr. Last. DARREIN CONTINUANCE. L, Fr. In practice. The last continuance.

DARREIN PRESENTMENT. L. Fr. In old English law. The last presentment. See ASSISB OF DARREIN PRESENTMENT. DARREIN SEISIN. (L. Fr. Last seta in.) A plea which lay in some cases for the tenant in a writ of right. See 1 Rose. Real Act. 206. DATA. In old practice and conveyanc ing. The date of a deed; the time when it was given; that is, executed. Grounds whereon to proceed; facts from which to draw a conclusion. DATE. The specification or mention, in a written instrument, of the time (day and year) when it was made. Also the time so specified. That part of a deed or writing which ex presses the day of the month and year in which it was made or given. 2 81. Comm. 304; Tomlins. The primary signification of date is not time in the abstract, nor time taken absolutely, but time given or specified; time in some way ascertained and fixed. When we speak of the date of a deed, we do not mean the time when it was actually ex ecuted, but the time of its execution, as given or stated in the deed itself. The date of an item, or of a charge in a book-account, is not necessarily the time when the article charged was, in fact, furnished, but rather the time given or set down in the account, in connection with such charge. And so the expression "the date of the last work done, or materials furnished, n in a mechanic's lien law, may be taken, in the absence of anything in the act indicating a different intention, to mean the time when such work was done or materials furnished, as specified in the plaintiff's written claim. 32 N. J. Law, 513. DATE CERTAINE. In French law. A deed is said to have a date certaine (fixed date) when it has been subjected to the for mality of registration; after this formality has been complied with, the parties to the deed cannot by mutual consent change the date thereof. Arg. Fr. Merc. Law, 555. DATIO. In the civil law. A giving, or act of giving. Datio in solutum; a giving inpayment; a species of accord and satisfac tion. Called, in modern law, "dation." DATION. In the civil law. A gift; & giving of something. It is not exactly syn onymous with "donation," for the latter implies generosity or liberality in making a gift, while dation may mean the giving of something to which the recipient is already entitled. DATION EN PAIEMENT. InFrench law. A giving by the debtor and receipt by

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