Blacks Law Dict. 1st ed

DEMURRAGE

DENARII S. PETRI

353

to the owner of a ship for the detention of his vessel beyond the number of days allowed by the charter-party for loading and unload ing or for sailing. Also the detention of the vessel by the freighter beyond such time. See 3 K*nt, Comm. 203; 2 Steph. Comm. 185. Demurrage is only an extended freight or reward to the vessel, in compensation for the earnings she is improperly caused to lose. Every improper de tention of a vessel may be considered a demurrage, and compensation under that name be obtained for it. 1 Holmes, 290. Demurrage is the allowance or compensation due to the master or owners of a ship, by the freighter, for the time the vessel may have been detained beyond the time specified or implied in the con tract of affreightment or the charter-party. Bell. DEMURRANT. One who demurs; the party who, in pleading, interposes a demur rer. DEMURRER. In pleading. The form al mode of disputing the sufficiency in law of the pleading of the other side. In effect it is an allegation that, even if the facts as stated in the pleading to which objection is taken be true, yet their legal consequences are not such as to put the demurring party to the necessity of answering them or proceeding further with the cause. An objection made by one party to his op ponent's pleading, alleging that he ought not to answer it, for some defect in law in the pleading. It admits the facts, and refers the law arising thereon to the court. 7 How. 581. It imports that the objecting party will not proceed, but will wait the judgment of the court whether he is bound so to do. Co. Iitt. 716; Steph. PL 61. A general demurrer is one which excepts to the sufficiency of a previous pleading in general terms, without showing specifically the nature of the objection; and such de murrer is sufficient when the objection is on matter of substance. A special demurrer is one which excepts to the sufficiency of the pleadings of the other party, and shows specifically the nature of the objection and the particular ground of exception. Steph. PI. 158. In equity. An allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the de fendant to answer; or that, for some reason apparent on the face of the bill, or on account of the omission of some matter which ought to be contained therein, or for want of some •M.DIOT.LAW—23

circumstances which ought to be attendant thereon, the defendant ought not to be com pelled to answer to the whole bill, or to some certain part thereof. Mitf. Eq. PI. 107. Demurrer to interrogatories is the reason which a witness tenders for not answering a particular question in interrogatories. 2 Swanst. 194. It is not, strictly speaking, a demurrer, except in the popular sense of the word. Gres. Eq. Ev. 61. DEMURRER, BOOK. In practice. A record of the issue on a demurrer at law, containing a transcript of the pleadings, with proper entries; and intended for the use of the court and counsel on the argument. 3 Bl. Comm. 317; 3 Steph. Comm. $81. DEMURRER TO EVIDENCE. This proceeding (now practically obsolete) was analogous to a demurrer to a pleading. It was an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary had pro duced was insufficient in point of law (wheth er true or not) to make out his case or sus tain the issue. Upon joinder in demurrer, the jury was discharged, and the case was argued to the court in bane, who gave judg ment upon the facts as shown in evidence. See 3 Bl. Comm. 372. DEMY SANKE, DEMY SANGUE. Half-blood. A corruption of demi-sang. DEN. A valley. Blount. A hollow place among woods. Cowell. DEN AND STROND. In old English law. Liberty for ships or vessels to run aground, or come ashore. Cowell. DENARIATE. In old English law. As much land as is worth one penny per an num. DENARII. An ancient general term for any sort of pecunia numerata, or ready mon ey. The French use the word "denier" in the same sense,— payer de ses propres de~ niers. DENARII DE CARITATE. In En glish law. Customary oblations made to a cathedral church at Pentecost. DENARII S. PETRI. (Commonly called "Peter's Pence.") An annual payment on St. Peter's feast of a penny from every fam ily to the pope, during the time that the Roman Catholic religion was established in England.

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