Blacks Law Dict. 1st ed

DEMISE

DEMURRAGE

352

specifically described as a "representative de mocracy." DEMOCRATIC. Of or pertaining to democracy, or to the party of the democrats. DEMONETIZATION. The disuse of s particular metal for purposes of coinage. The withdrawal of the value of a metal as money. DEMONSTRATIO. Description; addi tion ; denomination. Occurring often in the phrase, "Falsa demonstratio non nocet," (a false description does not harm.) DEMONSTRATION. Description,- pointing out. That which is said or written to designate a thing or person. In evidence. Absolutely convincing proof. That proof which excludes all possi bility of error. DEMONSTRATIVE LEGACY. Abe quest of a certain sum of money, with a di rection that it shall be paid out ot a particu lar fund. It differs from a specific legacy in this respect: that, it the fund out of which it is payable fails for any cause, it is never theless entitled to come on the estate as a general legacy. And it differs from a gen eral legacy in this: that it does not abate in that class, but in the class of specific legacies. 63 Pa. St. 316. See, also, 17 Ohio St. 413; 42 Ala. 9. A legacy of quantity is ordinarily a general leg acy; but there are legacies of quantity in the nature of specific legacies, as of so much money, with reference to a particular fund for payment. This kind of legacy is called by the civilians a "demonstrative legacy," and it is so far general and differs so much in effect from one properly specific that, if the fund be called in or fail, the legatee will not be deprived of his legacy, but be permitted to receive it out of the general assets; yet the legacy is so far specific that it will not be liable to abate with general legacies upon a defi ciency of assets. 2 Williams, Ex'rs, 1078. DEMPSTER. In Scotch law. A dooms man. One who pronounced the sentence of court. 1 How. State Tr. 937. DEMUR. To present a demurrer; to take an exception to the sufficiency in point of law of a pleading or state of facts alleged. DEMURRABLE. A pleading, petition. or the like, is said to be demurrable when it does not state such facts as suppoi t the claim, prayer, or defense put forward. 5 Ch. Div. 979. DEMURRAGE. In maritime law. The sum which is fixed by the contract of car riage, or which is allowed, as remuneration

or at will; most commonly for years; a lease. 1 Steph. Comm. 475. Originally a posthumous grant; commonly a. lease or conveyance for a term of years; sometimes applied to any conveyance, in fee, for life, or for years. Pub. St. Mass. 1882, p. 1289. "Demise" is synonymous with "lease" or "let," except that demise exvi termini implies a covenant for title, and also a covenant for quiet enjoyment, whereas lease or let implies neither of these cov enants Brown. The word is also used as a synonym for "decease" or "death." It England it is es pecially employed to denote the death of the sovereign. DEMISE AND REDEMISE. In con veyancing. Mutual leases made fiom one party to another on each side, of the same land, or something out of it; as when A. grants a lease to B. at a nominal rent, (as of a pepper corn,) and B. redeinises the same property to A. for a shorter time at a real, substantial rent. Jacob; Whishaw. DEMISE OP THE CROWN. The nat ural dissolution of the king is generally so called; an expression which signifies merely a transfer of property. By demise of the crown we mean only that, in consequence of the disunion of the king's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual. 1 Bl. Comm. 249; Plowd. 234. DEMISI. I have demised or leased. Be misi, concessi, et ad ftrmam tradidi; have demised, granted, and to farm let. The usu al operative words in ancient leases, as the corresponding English words are in the mod ern forms. 2 Bl. Comm. 317, 318. DEMOBILIZATION. In military law. The dismissal of an army or body of troops from active service. DEMOCRACY. That form of govern ment in which the sovereign power resides in and is exercised by the whole body of free citizens; as distinguished from a monarchy, aristocracy, or oligarchy. According to the theory of a pure democracy, every citizen should participate directly in the business of governing, and the legislative assembly should comprise the whole people. But the ultimate lodgment of the sovereignty being the distinguishing feature, the introduction of the representative system does not remove « government from this type. However, a government of the latter kind is sometimes

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