Blacks Law Dict. 1st ed

383

DOCUMENT

DO UT FACIAS

The docket of judgments is a brief writing or statement of a judgment made from the record or roll, generally kept in books, alphabetically ar ranged, by the clerk of the court or county clerk. 1 Bradf. Sur. 343. The name of "docket" or "trial docket" is sometimes given to the list or calendar of causes set to be tried at a specified term, pre pared by the clerks for the use of the court and bar. In the practice of some of the states there are several species of dockets, such as the "appearance docket," "judgment docket," "execution docket," etc., each containing a brief record of the class of proceedings indi cated by its name. DOCKET, STRIKING A. A phrase formerly used in English bankruptcy prac tice. It referred to the entry of certain pa pers at the bankruptcy office, preliminary to the prosecution of the flat against a trader who had become bankrupt. These papers consisted of the affidavit, the bond, and the petition of the cieditor, and their object was to obtain from the lord chancellor his flat, authorizing the petitioner to prosecute his complaint against the bankrupt in the bank ruptcy courts. Brown. DOCTOR. This term means, simply, practitioner of physic, without respect to system pursued. A certificate of a homeo pathic physician is a "doctor's certificate." 4 E. D. Smith, 1. DOCTOR AND STUDENT. The title of a work written by St. Germain in the reign of Henry VIII. in which many princi ples of the common law are discussed in a popular manner. It is in the form of a dia logue between a doctor of divinity and a stu dent in law, and has always been considered a book of merit and authority. 1 Kent, Comm. 504; Crabb, Eng. Law, 482. DOCTORS' COMMONS. An institu tion near St. Paul's Churchyard, in London, where, for a long time previous to 1857, the ecclesiastical and admiralty courts used to be held. DOCTRINE. A rule, principle, theory, or tenet of the law; as, the doctrine of mer ger, the doctrine of relation, etc. DOCUMENT. An instrument on which is recorded, by means of letters, figures, or marks, matter which may be evidentially used. In this sense the term "document" applies to writings; to words printed, litho- 1 graphed, or photographed; to seals, plates, or

given by the other. Dig. 19, 4; Id. 19, 5, 5; 2 El. Comm. 444. DO UT FACIAS. Lat. 1 give that you may do; I give [you] that you may do or make [for me.] A formula in the .civil law, under which those contracts were classed in which one party gave or agreed to give money, in consideration the other party did or performed certain work. Dig. 19, 5, 5; 2 Bl. Comm. 444. In this and the foregoing phrase, the conjunction u ut n is not to be taken as the technical means of expressing a consideration. In the Roman usage, this word imported a modus, that is, a qualifica tion; while a consideration (causa) was more aptly expressed by the word "quia. " DOCK, v. To curtail or diminish, aa to dock an entail. DOCK,». The cage or inclosed space in a criminal court where prisoners stand when brought in for trial. The space, in a river or harbor, inclosed between two wharves. 17 How. 434. DOCK-MASTER. An officer invested with po veers within the docks, and a certain distance therefrom, to direct the mooring and removing of ships, so as to prevent obstruc tion to the dock entrances. Mozley & Whit ley. DOCK WARRANT. In English law. A warrant given by dock-owneis to the owner of merchandise imported and ware housed on the dock, upon the faith of the bills of lading, as a recognition of his title to the goods. It is a negotiable instrument. Pull. Port of London, p. 375. DOCKAGE. The sum charged for the use of a dock. In the ease of a dry-dock, it has been held in the nature of rent. 1 Newb. Adm. 69. DOCKET, v. To abstract and enter in a book. 3 Bl. Comm. 397, 398. To make a brief entry of any proceeding in a court of justice in the docket. DOCKET, n. A minute, abstract, or brief entry; or the book containing such en tries. A small piece of paper or parchment having the effect of a larger. Blount. In practice. A formal record, entered in brief, of the proceedings in a court of jus tice. A book containing an entry in brief of all the important acts done in court in the con duct of each case, from its inception to its conclusion. Pub. St. Mass. 1882, p. 1290.

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