Blacks Law Dict. 1st ed

861

DETENTIO

DESPITE

DESPITE. Contempt. Despitz, con tempts. Kelham. DESPITUS. Contempt. See DESPITE. A contemptible person. Fleta, lib. 4, c. 5. DESPOJAB. A possessory action of the Mexican law. It is brought to recover pos session of immovable property, of which one has been despoiled {despojado) by another. The word "despoil" {despojar) involves, in its signification, violence or clandestine means by which one is deprived of that which he possesses. 1 Cal. 268. DESPOIL. This word involves, in its signification, violence or clandestine means by which one is deprived of that which he possesses. Its Spanish equivalent, despojar, is a term used in Mexican law. 1 Cal. 268. DESPONSATION. The act of betroth ing persons to each other. DESPOSORIO. In Spanish law. Es pousals; mutual promises of future marriage. White, New Becop. b. 1, tit. 6, c. 1, § 1. DESPOT. This word, in its original and most simple acceptation, signifies master and supreme lord; it is synonymous with mon arch; but taken in bad part, as it is usually employed, it signifies a tyrant. In some states, despot is the title given to the sover eign, as king is given in others. Enc. Lond. DESPOTISM. That abuse of govern ment where the sovereign power is not di vided, but united in the hands of a single man, whatever may be his official title. It is not, properly, a form of government. Toullier, Dr. Civ. Fr. tit. prel. n. 32. "Despotism" is not exactly synonymous with "autocracy," for the former involves the idea of tyrrany or abuse of power, which is not necessarily implied by the latter. Every despotism is auto eratic; but an autocracy is not necessarily despotic. DESPOTIZE. To act as a despot. Web ster. DESRENABLE. L. Fr. Unreasonable. Britt. c. 121. DESSAISISSEMENT. In French law. When a person is declared bankrupt, he is immediately deprived of the enjoyment and administration of all his property; this dep rivation, which extends to all his rights, is called " dessaisissement." Arg. Fr. Merc. Law, 556. DESTINATION. The purpose to which it is intended an article or a fund shall be applied. A testator gives a destination to a

legacy when he prescribes the specific use to which it shall be put. The port at which a ship is to end her voy age is called her "port of destination." Pardessus, no. 600. DESTRUCTION. A term used in old English law, generally in connection with waste, and having, according to some, the same meaning. 1 Eeeve, Eng. Law, 385; 3 Bl. Comm. 223. Britton, however, makes a distinction between waste of woods and de struction of houses. Britt. c. 66. DESUBITO. To weary a person with continual barkings, and then to bite; spoken of dogs. Leg Alured. 26, cited in Cunning ham's Diet. DESUETUDE. Disuse; cessation or dis continuance of use. Applied to obsolete statutes. DETACHIARE. To seize or take Into custody another's goods or person. DETAINER. The act (or the Juridical fact) of withholding from a person lawfully entitled the possession of land or goods; or the restraint of a man's personal liberty against his will. The wrongful keeping of a person's goods is called an "unlawful detainer" although the original taking may have been lawful. As, if one distrains another's cattle, damage feasant, and before they are impounded the owner tenders sufficient amends; now, though the original tak ing was lawful, the subsequent detention of them after tender of amends is not lawful, and the own er has an action of replevin to recover them, in which he will recover damages for the detention, and not for the caption, because the original tak ing was lawful. 3 Steph. Comm. 548. In practice. A writ or instrument, is sued or made by a competent officer, authoriz ing the keeper of a prison to keep in his cus tody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there. Com. Dig. "Process," E, (3 B.) This writ was superseded by 1 & 2 Viet. c. 110, §§ 1, 2. DETAINMENT. This term is used in policies of marine insurance, in the clause relating to "arrests, restraints, and detain ments." The last two words are construed as equivalents, each meaning the effect of superior force operating directly on the ves sel. 6 Mass. 109. DETENTIO. In the civil law. That condition of fact under which one can exer cise his power over a corporeal thing at his

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