Blacks Law Dict. 1st ed

DEBET QUIS JUKI, ETC.

385

DEATH

tied to a drawback, (q. v.,) specifying the amount and time when payable. See Act Cong. March 2, 1799, § 80. In English law. A security for a loan of money issued by a public company, usu ally ci eating a charge on the whole or a part of the company's stock and property, though not necessarily in the form of a mortgage. They are subject to certain regulations as to the mode of transfer, and ordinarily have coupons attached to facilitate the payment of interest. They are generally issued in a series, with provision that they shall rank pari passn in proportion to their amounts. An instrument in use in some government depaitments, by which government is charged to pay to a creditor or his assigns the sum found due on auditing hia accounts. Brande; Blount. DEBENTURE STOCK. Astockor fund representing money borrowed by a com pany or public body, in England, and charged on the whole or part of its property. Debet esse finis litium. There ought to be an end of suits; there should be some period put to litigation. Jenk. Cent. 61. DEBET ET DETINET. He owes and detains. Words anciently used in the orig inal writ, (and now, in English, in the plain tiff's declaration,) in an action of debt, where it was brought by one of the original con tracting parties who personally gave the credit, against the other who personally in curred the debt, or against his heirs, if they were bound to the payment; as by the obligee against the obligor, by the landlord against the tenant, etc. The declaration, in such cases, states that the defendant "owes to," as well as "detains from," the plaintiff the debt or thing in question; and hence the action is said to* be "in the debet et detinet." Where the declaration merely states that the defend ant detains the debt, (as in actions by and against an executor for a debt due to or from the testator,) the action is said to be "in the detinet" alone. Fitzh. Kat. Brev. 119, G.; 3 Bl. Comm. 155. DEBET ET SOLET. (Lat. He owesand is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseised, as of a suit at a mill or in case of a writ of quod permittat, he brings his writ in the debet et t>olet. Beg. Ong. 144a; Fitzh. Nat. Brev. 122, M. Debet quis juri subjacere ubi delin quit. One [every one] ought to be subject

animal and vital functions consequent there on, such as respiration, pulsation, etc. In legal contemplation, it is of two kinds: (1) Natural, i. e., the extinction of life; (2) civil, whore a person is not actually dead, but is adjudged so by the law, as when a person is banished or abjures the realm, or 3nters into a monastery. Civil death also occurs where a man, by act of parliament or judgment of law, is attainted of treason or felony; for immediately upon such attainder he loses (subject, indeed, to some exceptions) his civil rights and capacities, and becomes, as it were, civiliter mortuus. But now, by the 33 & 34 Viet. c. 23, forfeiture for trea- •on or felony has been abolished, but the per son convicted is disqualified for offices, etc. Wharton. Natural death is also used to denote a death which occurs by the unassisted operation of nat ural causes, as distinguished from a violent death, or one caused or accelerated by the interference of human agency. DEATH-BED. In Scotch law. A state of sickness which ends in death. Ersk. Inst. 3, 8, 95. DEATH-BED DEED. In Scotch law. A deed made by a person while laboring under a distemper of which he afterwards died. Ersk. Inst. 8, 8, 96. A deed is understood to be in death-bed, if, before signing and delivery thereof, the grantor was sick, and never convalesced thereafter. 1 Forbes, Inst. pt. 8, b. 2, c. 4, tit. 1, § 1. But it is not necessary that he should be actually confined to his bed at the time of making the deed. Bell. DEATH'S PART. See DEAD'S PART; DEAD MAN'S PART. DEATHSMAN. The executioner; hang man; he that executes the extreme penalty of the law DEBAUCH. To entice, to corrupt, and, when used of a woman, to seduce. Origi nally, the term had a limited signification, meaning to entice or draw one away from his work, employment, or duty; and from this sense its application has enlarged to in clude the corruption of manners and viola tion of the person. In its modern legal sense, the word carries with it the idea of "carnal knowledge," aggravated by assault, violent •eduction, ravishment. 2 Hilt. 323. DEBENTURE. A certificate given by the collector of a port, under the United States customs laws, to the effect that an im porter of merchandise therein named is enti

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