Blacks Law Dict. 1st ed

847

DEFINITIVE SENTENCE

DEJACION

DEGASTER. L. Fr. To waste. DEGRADATION. A deprivation of dig nity; dismission from office. An ecclesias tical censure, whereby a clergyman is divest ed of his holy orders. There are two sorts by the canon law,—one summary, by word only; the other solemn, by stripping the party degraded of those ornaments and rights which are the ensigns of his degree. Degra dation is otherwise called "deposition," but the canonists have distinguished between these two terms, deeming the former as the greater punishment of the two. There is likewise a degradation of a lord or knight at common law, and also by act of parliament. Wharton. DEGRADATIONS. in the French law. A term for waste DEGRADING. Reviling; holding one up to public obloquy; lowering a person in the estimation of the public. DEGREE. In the law of descent and family relations. A step or grade, ». e., the distance, or number of removes, which separates two persons who are related by consanguinity. Thus we speak of cousins in the "second degree." In criminal law. The term "degree" denotes a division or classification of one specific crime into several grades or stadia ot guilt, according to the circumstances attend ing its commission. Thus, in some states, there maybe "murder in the second degree." DEHORS. L. Fr. Out of; without; be yond ; foreign to; unconnected with. Dehors the record; foreign to the record. 3 Bl. Comm. 387. DEI GRATIA. Lat. By the grace of God. A phrase used in the formal title of a king or queen, importing a claim ot sover eignty by the favor or commission of God. In ancient times it was incorporated in the titles of inferior officers, (especially ecclesias tical,) but in later use was reserved as an as seition of "the divine right of kings." DEI JUDICIUM. The judgment of God. The old Saxon trial by ordeal, so called be cause it was thought to be an appeal to God for the justice of a cause, and it was believed that the decision was according to the will and pleasure of Divine Providence. Whar ton. DEJACION. In Spanish law. Surren der; release; abandonment; e. g., the act of an insolvent in surrendering hii property for

DEFINITIVE SENTENCE. Thefinal judgment, decree, or sentence of an ecclesias tical court. 3 Bl. Comoi. 101. DEFLORATION. Seduction or debauch ing. The act by which a woman is deprived of her virginity. DEFORCE. In English law. To with hold wrongfully; to withhold the possession of lands from one who is lawfully entitled to them, 8 Bl. Comra. 172. In Scotch law. To resist the execution of the law; to oppose by force a public officer in the execution of his duty. Bell. DEFORCEMENT. Deforcement is where a man wrongfully holds lands to which another person is entitled. It therefore in cludes disseisin, abatement, discontinuance, and intrusion. Co. Litt. 2776, 3316. But it is applied especially to cases, not falling under those heads, where the person entitled to the freehold has never had possession; thus, where a lord has a seignory, and lands escheat to him propter defectum sanguinis, but the seisin is withheld from him, this is a deforcement, and the person who withholds the seisin is called a "deforceor." 3 Bl. Comm. 172. In Scotch law. The opposition or resist ance made to messengers or other public of ficers while they are actually engaged in the exercise of their offices. Ersk. Inst. 4, 4, 32. DEFORCIANT. One who wrongfully keeps the owner of lands and tenements out of the possession of them. 2 Bl. Comm. 350. DEFORCIARE. To withhold lands or tenements from the rightful owner. This is a word of art which cannot be supplied by any other word. Co. Litt. 3316. DEFORCIATIO. In old English law. A distress, distraint, or seizure of goods for sat isfaction of a lawful debt. Cowell. DEFOSSION. The punishment of being buried alive. DEFRAUD. To practice fraud; to cheat or trick; to deprive a person of property or any interest, estate, or right by fraud, deceit, or artifice. DEFRATJDACION. In Spanish law. The crime committed by a person who fraud ulently avoids the payment of some public tax. DEFRAXTDATION. Privation by fraud. DEFUNCT. Deceased; a deceased per son. A common term in Scotch law.

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