Blacks Law Dict. 1st ed

382

D1VISA

DO UT DES

both to decrees of nullity and decrees of dissolu tion of marriage, while in America it is used only in cases of divorce a mensa or a vincnlo, a decree of nullity of marriage being granted for the causes for which a divorce a vinculo was formerly ob tainable in England. DIVORCE A MENSA ET THORO. A divorce from table and bed, or from bed and board. A partial or qualified divorce* by which the parties are separated and for bidden to live or cohabit together, without affecting the marriage itself. 1 Bl. Comm. 440; 3 Bl. Comra. 94; 2 Steph. Comm. 311; 2 Bish. Mar. & Div. § 225. DIVORCE A VINCULO MATRIMO NII. A divorce from the bond of marriage* A total divorce of husband and wife, dissolv ing the marriage tie, and releasing the par ties wholly from their matrimonial obliga tions. 1 Bl. Comm. 440; 2 Steph. Comm. 310, 311; 2 Bish. Mar. & Div. § 225. Divortium dicitur a divertendo, quia. vir divertitur ab uxore. Co. Litt. 235. Divorce is called from divertendo, because & man is diverted from his wife. DIXIEME. Fr. Tenth; the tenth part. Ord. Mar. liv. 1, tit. 1, art. 9. In old French law. An income tax payable to the crown. Steph. Lect. 359. DO. Lat. I give. The ancient and aptest word of feoffment and of gift. 2 Bu Comm. 310, 316; Co. Litt. 9. DO, DICO, ADDICO. Lat. I give, I say, I adjudge. Three words used in th» Roman law, to express the extent of the civil jurisdiction of the praetor. Do denoted that he gave or granted actions, exceptions, and judices; dico, that he pronounced judgment^ addico, that he adjudged the controverted property, or the goods of the debtor, etc., to the plaintiff. Mackeld. Rom. Law, § 39. DO, LEGO. Lat. I give, I bequeath; or I give and bequeath. The formal words of making a bequest or legacy, in the Roman law. Titio et Seio hominem Stiohum do, lego, I give and bequeath to Titiusand Seiu* my man Stichus. Inst. 2, 20, 8, 30, 31. The expression is literally retained in mod ern wills. DO UT DES. Lat. I give that you may give; I give [you] that you may give [me.] A formula in the civil law, consti tuting a general division under which those contracts (termed "innominate") were classed in which something was given by one party as a consideration for something;

of complaint to the visitor to correct it. Moz ley & Whitley. DIVISA. In old English law. A de vice, award, or decree; also a devise; also bounds or limits of division of a parish or farm, etc. Cowell. Also a court held on the boundary, in order to settle disputes of the tenants. Divisibilis est semper divisibilis. A thing divisible may be forever divided. DIVISIBLE. That which is susceptible of being divided. A contract cannot, in general, be divided in such a manner that an action may be brought, or a right accrue, on a part of it 2 Pa. St. 454. DIVISIM. In old English law. Sever ally; separately. Bract, fol. 47. DIVISION. In English law. One of the smaller subdivisions of a county. Used In Lincolnshire as synonymous with "rid ing" in Yorkshire. DIVISION OP OPINION. In the practice of appellate courts, this term de notes such a disagreement among the judges that there is not a majority in favor of any one view, and hence no decision can be ren dered on the case. But it sometimes also denotes a division into two classes, one of which may comprise a majority of the judges; as when we speak of a decision having pro ceeded from a "divided court." DIVISIONAL COURTS. Courts in England, consisting of two or (in special cases) more judges of the high court of jus tice, sitting to transact certain kinds of busi ness which cannot be disposed of by one judge. DIVISITM IMPERIUM. Lat. A di vided jurisdiction. Applied, e. g., to the ju risdiction of courts of common law and eq uity over the same subject. 1 Kent, Comm. 366; 4 Steph. Comm. 9. DIVORCE. The legal separation of man and wife, effected, for cause, by the judg ment of a court, and either totally dissolving the marriage relation, or suspending its ef fects so far as concerns the cohabitation of the parties. The dissolution is termed "divorce from the bond of matrimony," or, in the Latin form of the ex pression," a vindulo matrimonii; * the suspension, " divorce from bed and board, ""a mensa et ftwro. " The former divorce puts an end to the marriage; the latter leaves it in full force. 8 Bish. Mar. & Div §225. The term "divorce" is now applied, in England,

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